People v. Kent

Abeles, O. M.

The charge against the defendant is that she sold, on Sunday, February 21,1937, after ten o’clock in the morning, certain “ cup cakes,” and in this violated section 2147 of the Penal Law, a statute designed to regulate public traffic on Sundays.

The pertinent provisions of the section read:

“ All manner of public selling or offering for sale of any property upon Sunday is prohibited, except as follows: 1. Articles of food may be sold, served, supplied and delivered at any time before ten o’clock in the morning: * * *

“ 4. Prepared tobacco, milk, eggs, ice, soda-water, fruit,…