23

20

judgment. The real issue in the Ky. case
however was that since the issue involved a
criminal fine, Sup. Ct. was reticent to pass on
issue that hadn't been passed on by State
Supreme Court.

Decision that statute is unconstituion. renders
a statute as null & void. Invalid from date of
enactment. If decision is that statute is unconstitutional
is subsequently reversed or overruled, statute will
ordinarily be treated as valid & effective from date
of its enactment but person cannot be held liable under
criminal statute for acts committed during time
that judicial declaration of invalidity stood
unreversed.

Martin v. Hunter's Lessee

Supreme Court had issued mandate
to Va Court of Appeals which had been referred
on grounds that the appellate jurisdiction as
created by Act of Congress was not in