Elsner v. State
Texas Supreme Court
Appeal from Bastrop. The case was tried before Hon. John Ireland, one of the district judges. This was another Sunday case. The indictment charged that August Eisner, &c., on the 19th of May, 1867, &c., did then and there, on Sunday, engage in the sale of spirituous and intoxicating liquors to Bufus Green, against the peace and dignity of the state; and that Eisner was a grocer, and did' then and there, on the Sundays aforesaid, trade lager beer to Green.
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Appeal from Bastrop. The case was tried before Hon. John Ireland, one of the district judges. This was another Sunday case. The indictment charged that August Eisner, &c., on the 19th of May, 1867, &c., did then and there, on Sunday, engage in the sale of spirituous and intoxicating liquors to Bufus Green, against the peace and dignity of the state; and that Eisner was a grocer, and did' then and there, on the Sundays aforesaid, trade lager beer to Green. The defendant moved to quash the indictment, because it charged no offense known to the law, and because it was vague, and otherwise…
1Opinion of the CourtCaldwell, J.
It is objected that the indictment charges “two offenses,” and is vague, defective, &e.
The first count charges that the defendant, on “Sunday,” &c., “ did engage in the sale of spirituous and intoxicating liquors to Rufus Green,” &c.
The second count, “ on the day and year last aforesaid,” the defendant was a “ grocer,” and did then and there on Sunday trade lager beer to Rufus Green.
The object of the legislature was to forbid all secular employments on the -Sabbath not excepted in the act under which the defendant is indicted. The disregard of the Sabbath, the refusal to recognize it as a day…
2Cases cited1 opinion
- Francis v. StateTexas Supreme Court · 1858
3Cited by2 opinions
- Houston & Great Northern Railroad v. KuechlerTexas Supreme Court · 1872
- Sample v. Round Mountain Citrus Farm Co.California Court of Appeal · 1916