Albrecht v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before the Hon. G. Cook. The indictment charged that the defendant, being a trader, etc., “unlawfully and wilfully did barter and sell, to divers persons to the grand jury unknown, beer on Sunday, the twenty-eighth day of September, a. d. 1879,” etc.
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Appeal from the Criminal District Court of Harris. Tried below before the Hon. G. Cook. The indictment charged that the defendant, being a trader, etc., “unlawfully and wilfully did barter and sell, to divers persons to the grand jury unknown, beer on Sunday, the twenty-eighth day of September, a. d. 1879,” etc. The defendant excepted to the indictment generally, as not charging an offence, and especially as not being sufficiently certain and specific to require him to answer thereto. His exceptions were overruled. There is no occasion for a statement of facts.
1Opinion of the CourtClark, J.
The obvious intention of the Legislature, as manifested in art. 186 of the Penal Code, was to prevent altogether the barter and sale of merchandise on Sunday, and to prohibit all merchants, grocers, dealers in wares or merchandise, or traders in any lawful business whatever, from desecrating the Sabbath, and distracting with their avocations the peace and quiet of other portions of the community, who might desire, from religious or other considerations, to devote the day to the worship of God, and to entire rest from their daily employments. This purpose, so manifest, cannot be disregarded in…
2Cases cited1 opinion
- Horan v. StateTexas Supreme Court · 1859