STATE v. MOBLEY

No. 73.

66 S.E.2d 12 (1951)

234 N.C. 55

STATE v. MOBLEY.

Supreme Court of North Carolina.

July 17, 1951.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and John R. Jordan, Jr. Member of staff, Raleigh, for the State.

Battle, Winslow, Merrell & Taylor, Rocky Mount, (Joe Van Derveer, Chattanooga, Tennessee, of counsel), for defendant, appellant.


JOHNSON, Justice.

Decision here rests on the Commerce Clause of the Federal Constitution. In disposing of the appeal on that ground, these two questions are posed: (1) Was the defendant, in soliciting orders for photographs, engaged in interstate commerce? (2) If so, does the challenged statute place an undue or discriminatory burden upon such interstate commerce in violation of the Federal Constitution?

1. The question of whether the defendant was engaged...

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