State v. Carney

The defendant* appellant herein, Charles Carney, appeals from his conviction of violating Section 3773.24, Revised Code. The affidavit charges that on or about February 7, 1960, he did “unlawfully permit a building or place to be open for transaction of business on Sunday, to wit: Troy Street Furniture Warehouse, 1100 East Monument Avenue.” The evidence discloses that on that date a witness entered such place of business and purchased a bedspread from a salesman acting under the instructions of defendant.

The first assignment of error is that the affidavit and warrant are inconsistent with…