Ex parte Andrews
California Supreme Court
Application for Habeas Corpus. Andrews, the petitioner, was tried and convicted in the Police Court of the City and County of San Francisco, for violating the Act of May 20th, 1861, entitled “ An Act for the Observance of the Sabbath,” by keeping open a store for the transaction of business on the first day of the week, commonly called Sunday, and sentenced to pay a fine of twenty dollars or be imprisoned in the county jail for ten days.
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Application for Habeas Corpus. Andrews, the petitioner, was tried and convicted in the Police Court of the City and County of San Francisco, for violating the Act of May 20th, 1861, entitled “ An Act for the Observance of the Sabbath,” by keeping open a store for the transaction of business on the first day of the week, commonly called Sunday, and sentenced to pay a fine of twenty dollars or be imprisoned in the county jail for ten days. He failed to pay the fine, was'imprisoned, and now applies to the Supreme Court for a writ of habeas corpus, alleging that the act for which he is imprisoned…
1Opinion of the Court
Baldwin J. delivered the opinion of the Court
Field, C. J. and Cope, J. concurring.
This case involves the .constitutionality of the act of the last session of the Legislature, entitled “ An Act for the Observance of the Sabbath.” (Stat. of 1861, 655.) The act is in these words:
“ The People of the State of California, represented in Senate and Assembly, do enact as follows:
“ Section 1. Any person who shall hereafter keep open on the first day of the week, commonly called Sunday, any store, workshop, bar, saloon, banking house, or other place of business, for the purpose of transacting business…
2Cases cited5 opinions
- Ex parte NewmanCalifornia Supreme Court · 1858
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- People ex rel. Smith v. Judge of the Twelfth DistrictCalifornia Supreme Court · 1861
- State v. AmbsSupreme Court of Missouri · 1854
- Jones v. PeopleIllinois Supreme Court · 1852
3Cited by44 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- People v. . HavnorNew York Court of Appeals · 1896
- Petit v. MinnesotaSupreme Court of the United States · 1900
- Ex parte JentzschCalifornia Supreme Court · 1896
- People v. C. Klinck Packing Co.New York Court of Appeals · 1915
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