Legal Opinion

Lee Wilson & Co. v. State

Supreme Court of Arkansas

Decided July 10, 1916PublishedCited by 1 opinion

Appeal from Mississippi Circuit Court, Osceola District, W. J. Driver, Judge; The labor performed on the Sabbath was a work of necessity. Kirby’s Digest, §§ 2030-2032; 61 Ark. 216; 72 Id. 167; 75 Id. 188. The fines were in excess of the „ statutory penalty. Kirby’s Digest, § 2030. The work- done does not fall within the exception contemplated by the statute.

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Appeal from Mississippi Circuit Court, Osceola District, W. J. Driver, Judge; The labor performed on the Sabbath was a work of necessity. Kirby’s Digest, §§ 2030-2032; 61 Ark. 216; 72 Id. 167; 75 Id. 188. The fines were in excess of the „ statutory penalty. Kirby’s Digest, § 2030. The work- done does not fall within the exception contemplated by the statute. The burden was on appellants to prove unavoidable necessity. 56 Ark. 116; 61 Id. 216; 118 Ind. 248; 97 Mass. 411; 190 Id. 578; 112 Id. 467; 85 Ark. 135; 76 Ind 310; 112 Mass. 112. The fine is not excessive, but if so, this court will…

1Opinion of the CourtMcCulloch, C. J.

Appellants were employees of Lee Wilson & Company, a corporation which operated a sawmill at Wilson, Mississippi County, Arkansas. They were members of a log train crew and were indicted for working unlawfully on the Sabbath day, in violation of the statute which makes it a criminal offense for anyone to labor on the Sabbath unless the labor performed is a work of charity or necessity. The case was tried before the court sitting as a jury, upon an agreed statement of facts, and the court adjudged the appellants to be guilty and assessed agiainst each of them a small fine, and they have…

2Cases cited2 opinions

  1. Shipley v. StateSupreme Court of Arkansas · 1895
  2. Turner v. StateSupreme Court of Arkansas · 1907

3Cited by1 opinion

  1. Rosenbaum v. StateSupreme Court of Arkansas · 1917

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