stating a statute held unconstitutional “may be vitalized or resuscitated by a decision overruling prior ones holding to the contrary, and this occurs although there be no re–enactment by the Legislature”
How later courts described this case
- stating a statute held unconstitutional “may be vitalized or resuscitated by a decision overruling prior ones holding to the contrary, and this occurs although there be no re–enactment by the Legislature”
- “It is, of course, well settled that a statute which has been held unconstitutional either in toto or as applied to a particular class of cases is valid and enforceable without re–enactment when the supposed constitutional objection has been removed, or has been found not to exist.”
- exception to rule that ignorance of law is no excuse is a mistake of law which relieves criminal intent
- “A statute unconstitutional properly remains on the statute books as a part of the written law . . . .”
Written by the judges who cited it.
The opinion
Sherwin, J.
I concur in the views expressed in the first division of the opinion announced-by Chief Justice Deemer.