Stephenson v. State

— The indictment in this ease charged that the appellant, being a person over the age of fourteen years, did, on the 15th day of October, 1865, engage in his usual occupation of selling goods, and did then' and there, &c., the said day being the first day of the weet, commonly called Sunday. Upon a plea of not guilty, the cause was submitted to the court for trial; there was a finding of guilty, and, over a motion for a new trial, judgment was rendered.

It appears by the evidence in the record, that no proof whatever was offered as to the age of the defendant, but the judge who tried the cause…