Ex parte Bird
California Supreme Court
Application to the Supreme Court for a writ of habeas corpus. Petitioner was tried in a Justice’s Court for Butte county, upon an affidavit charging him with the crime “ of keeping open a bar on Sunday, for the purpose of doing business therein, a misdemeanor, committed in manner and form as follows: The said Ralph Bird, at a place called Oroville, etc. * * did knowingly and unlawfully keep open a bar, and that the said Bird did then and there in said bar, in the said Ralph…
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Application to the Supreme Court for a writ of habeas corpus. Petitioner was tried in a Justice’s Court for Butte county, upon an affidavit charging him with the crime “ of keeping open a bar on Sunday, for the purpose of doing business therein, a misdemeanor, committed in manner and form as follows: The said Ralph Bird, at a place called Oroville, etc. * * did knowingly and unlawfully keep open a bar, and that the said Bird did then and there in said bar, in the said Ralph Bird’s hotel, called the International Hotel, sell certain spirituous wines and malt liquors and cigars, to divers…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
We think there is no ground shown in the petition for the issuance of the writ. We have held already, in ex parte Andrews, that the “ Sunday Law,” as it is commonly called, is constitutional. We are entirely satisfied with that decision. It seems that the petitioner was convicted of a violation of this law. He claims in his petition that he did not violate its provisions; that he kept a bar in the hotel, as a part of the business of the hotel, and this is the sole charge against him. If this be true, he must avail himself in some other mode of this matter…
2Cited by17 opinions
- In Re McVickersCalifornia Supreme Court · 1946
- In Re LindleyCalifornia Supreme Court · 1947
- Rodriguez v. Bureau of CorrectionsSupreme Court of The Virgin Islands · 2013
- Scales v. StateSupreme Court of Arkansas · 1886
- State ex rel. Walker v. Judge of Section "A," Criminal District CourtSupreme Court of Louisiana · 1887
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