Ex parte Burke

Morrison, C. J.:

The return to the writ in this case shows that the petitioner is held under a commitment issued by Robert E. Warren, a Justice of the Peace of Butte County, on a judgment of conviction rendered on the 5th day of August, 1881, and that the offense, of which the petitioner was convicted, was that of “ keeping open a saloon on Sunday for the purpose of transacting business therein.”

The section of the Penal Code, under which the prosecution and conviction were had, reads as follows:

“ Every person who keeps open on Sunday any store, workshop, bar, saloon, banking-house, or other…