WHITFIELD V. OHIO, 297 U. S. 431 (1936)

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U.S. Supreme Court

Whitfield v. Ohio, 297 U.S. 431 (1936)

Whitfield v. Ohio

No. 377

Argued February 7, 1936

Decided March 2, 1936

297 U.S. 431


1. In order that federal questions decided by a state appellate court may be reviewable here, it is not necessary that they should have been raised in the state trial court. P. 297 U. S. 436.

2. As applied to a citizen of another State, or to a citizen of the United States residing in another State, a state law forbidding sale of convict-made goods does not violate the privileges and immunities clauses of Art. IV, § 2, and the Fourteenth Amendment of the Federal Constitution if it applies also and equally to the citizens of the State that enacted it. P. 297 U. S. 437.

3. A judgment upon an indictment containing several counts, with a verdict of guilty upon each, will be sustained if any count is good, and sufficient, in itself, to support the judgment. P. 297 U. S. 438.

4. A State may classify as an evil the sale of convict-made goods in competition with goods made by free labor, and forbid such sales on the open market. P. 297 U. S. 439.

5. In view of the Act of Congress of June 19, 1929, 49 U.S.C. § 60, commonly called the Hawes-Cooper Act, the power of a State to forbid sales on the open market of convict-made goods extends to sales in the original packages of goods shipped in from other States. Pp. 297 U. S. 438-440.

6. Where goods are shipped from one State to another, fundamentally the interstate transaction ends with delivery; the rule that the consignee may sell, free from state interference, in the original packages is but incidental, and is an impediment to state regulation which, in the case of convict-made goods, may be removed by Act of Congress. P. 297 U. S. 440.

7. In providing by the Hawes-Cooper Act that convict-made goods transported into any State shall upon arrival be subject to the operation and effect of the laws of such State to the same extent and in the same manner as though such goods had been manufactured in such State and shall not be exempt therefrom by reason of being introduced in the original package, Congress did not delegate power to the States. P. 297 U. S. 441.

49 Ohio App. 530, 197 N.E. 605; 129 Oh. St. 543, 196 N.E. 164, affirmed.

Page 297 U. S. 432

Certiorari, 296 U.S. 561, to review a judgment affirming a conviction and sentence on two counts for violation of an Ohio law against sales of convict-made goods. The affirmance in the first instance was by the Ohio Court of Appeals. The Supreme Court of Ohio dismissed a petition in error.

Page 297 U. S. 434

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