# State v. Packard

> Utah Supreme Court · November 17, 1952 · 122 Utah 369

URL: https://www.frixlaw.com/law-library/cases/9545848

## Case

- **Full name:** State v. Packard
- **Court:** Utah Supreme Court
- **Decided:** November 17, 1952
- **Citations:** 122 Utah 369; 250 P.2d 561; 31 L.R.R.M. (BNA) 2122; 1952 Utah LEXIS 212
- **Precedential status:** Published
- **Opinion:** Concurrence by Henriod
- **Judges:** Crockett, Wade, Henriod, Wolfe, McDonough
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9545848

## How later opinions describe it (automated extraction)

- finding statutory language "a national recognized union” unconstitutionally vague and citing with approval In re Peppers, 189 Cal. 682, 209 P. 896, 897 (1922) "wherein an act providing that 'oranges ... shall be considered unfit for shipment when frosted to the extent of endan…
- describing Article XII, Sec. 19 as "one of the basic freedoms vouched safe [sic] by our state constitution," which "complements and makes more meaningful the other rights guaranteed as part of our constitutional liberties"
- describing Article XII, § 19 as "one of the basic freedoms vouched safe [sic] by our state constitution," which "complements and makes more meaningful the other rights guaranteed as part of our constitutional liberties”
- finding statutory language "a national recognized union” unconstitutionally vague

## Opinion text

HENRIOD, Justice.
I concur for the reason that the language of the act is so loose as to make it impossible for union agents, public prosecutors, those taking employment at a struck plant, or anyone else, definitely to determine who might or might not be violator or victim in instances where the question of strikebreaking arises. Upon careful analysis, the statute conceivably could be an instrument of embarrassment and oppression to union member and strikebreaker alike, if either made an erroneous interpretation of the wording of the statute.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9545848. Public record. Not legal advice.