Foltz v. State

The appellant was indicted under the act of 1855 (2 G. & H. 481), for desecrating the Sabbath, by being engaged on that day “in his usual avocation, to wit, then and there selling and delivering to William Dillon one cigar” for ten cents.

The indictment alleged the date, and averred that it was the first day of the week, commonly called Sunday, and contained proper averments negativing the fact that the transaction was within any of the exceptions contained in the act.

A motion to quash was interposed and overruled. A trial of the cause by the court, on a plea of not guilty, resulted in a…