Myers v. State
Supreme Court of Connecticut
IN ERROR. THIS was information, brought before the county court, on the statute,(a) for suffering and allowing A. M. and others to travel in a hackney coach owned by the defendant, from New-Haven to Middletown, on the Sabbath-day.
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IN ERROR. THIS was information, brought before the county court, on the statute,(a) for suffering and allowing A. M. and others to travel in a hackney coach owned by the defendant, from New-Haven to Middletown, on the Sabbath-day. The information averred, “ that neither necessity nor charity was the cause of said A. M. and others travelling on said day, nor did the defendant suffer and allow said A. M. and others to travel and he conveyed in said carriage from necessity or charity, but did in fact suffer and allow of the same for the sole purpose of making gain to himself.” On the trial of…
1Opinion of the Court
Swift, Ch. J.
The letting of a carriage on Sunday, on the ground of necessity or charity, is not prohibited by the statute. If then a man acts honestly on such principle, and really believes that the case of necessity or charity exists, he is not criminal. It is true, a man may be deceived and imposed upon by falsehood, and misrepresentation ; yet if he verily believes that the case exists, and acts on that ground, it is as much a deed of charity in him, if the fact does not exist, as if it does. It is a letting of the carriage as a matter of charity. Unless this construction be adopted, a man…
2Cited by28 opinions
- State v. CobbSupreme Court of Connecticut · 1999
- State v. SulSupreme Court of Connecticut · 1958
- Crocket v. StateIndiana Supreme Court · 1870
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- State v. ZichfeldNevada Supreme Court · 1896
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