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STATE v. WHITE

288 S.W.2d 428 (1956)

STATE of Tennessee v. N.H. WHITE.

Supreme Court of Tennessee.

March 9, 1956.

Attorney(s) appearing for the Case

Knox Bigham, Asst. Atty. Gen., for plaintiff in error.

Shea & Pierotti and Tual & Morgan, Memphis, for defendant in error.

PREWITT, Justice.

This is an appeal by the State from a judgment quashing an indictment which charged a violation of Section 6770.41, Williams Tennessee Code, Annotated (now codified officially as Section 6770.33 of the Supplement to the Code) and holding said Section unconstitutional.

The indictment in this case charges that the defendant

"did unlawfully sell and offer for sale at retail, for use and consumption in a motor vehicle, gasoline, and...

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