Commonwealth v. Hurley

Defendant was arrested on the charge of violating the Sunday Law of April 22, 1794, 3 Sm. Laws, 177, it being alleged that he did, on the Lord’s Day, commonly called Sunday, to wit, on Feb. 17, 1924, unlawfully and wilfully sell tobies. The transcript shows that defendant entered a plea of not guilty, and that, after testimony was taken, the defendant was adjudged guilty, that he “was fined $4 and costs, which he paid under pro*594test.” The case is now before the court on certiorari and exceptions, after procurement of a special allocatur.

The fifth exception is fundamental, it being contended…