Specht v. Commonwealth
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of Franklin county. June 8. This case came into the court below on certiorari to George W. Toms, Esquire, a justice of the peace, to return the proceedings in a certain prosecution before him, at the suit of the Commonwealth, against one Jacob Specht.
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In error from the Court of Common Pleas of Franklin county. June 8. This case came into the court below on certiorari to George W. Toms, Esquire, a justice of the peace, to return the proceedings in a certain prosecution before him, at the suit of the Commonwealth, against one Jacob Specht. The justice, thereupon, returned the following proceedings:— “Be it remembered, that on the 17th day of August, A. D. 1846, Jacob Specht, cooper, was charged, on the oath of John Lidy, with having done and performed worldly employment and business on the Lord’s day, commonly called Sunday; with having been…
1Opinion of the CourtBell, J.
The plaintiff in error stands convicted under the first section of the act of 22d April, 1794. It prohibits, inter alia, any person to “ do or perform any worldly employment or business whatever on the Lord’s day, commonly called Sunday, works of necessity or charity only excepted.” It is said that as against those who conscientiously observe the seventh day of the week for the Sabbath, of whom the defendant is one, the statutory provision is in direct conflict with section 3d, article 9th, constitution of the commonwealth. It ordains, “ All men have a natural and indefeasible right to…
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