Stewart v. Michigan, 232 U.S. 665 (1914)

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Stewart v. Michigan

No. 239

Argued March 6, 1914
Decided March .3, 1914
232 U.S. 665

ERROR TO THE SUPREME COURT

OF THE STATE OF MICHIGAN

Syllabus

Crenshaw v. Arkansas, 227 U.S. 389, followed to effect that the negotiation of sales of goods which are in another state, for the purpose of introducing them into the state in which the negotiation is made is interstate commerce.

Where one has been convicted for violating a state statute which is unconstitutional as applied to the act committed, the conviction cannot be sustained because there was proof of another violation with which he was not charged, as conviction for the latter would be condemnation without hearing which would be denial of due process of law.

167 Mich. 417 reversed.

The facts, which involve the validity under the commerce clause of the federal Constitution of a conviction under the peddling and hawking license act of Michigan, are stated in the opinion.