Ex Parte Koser

The petitioner, Koser, was convicted of keeping open a saloon on Sunday, November 9, 1881, for the purpose of transacting- business therein, contrary to the provisions of Section 300 of the Penal Code. He was sentenced under this conviction and imprisoned, and sued out this writ to be discharged from such imprisonment as unauthorized by law.

The legality of the imprisonment depends on the constitutionality of the laws known as the Sunday laws, which are comprised in Sections .300 and 301 of the Code above cited. These sections are as follows:

“ 300. Every, person who keeps open on Sunday any…