Commonwealth ex rel. Barth v. McCann
Court of Appeals of Kentucky
Case 31. — APPLICATION TO THE APPELLATE COURT FOR MANDAMUS BY THE COMMONWEALTH ON THE RELATION OF PAUL C. BARTH AGAINST J. W. McCANN, JUDGE OF THE POLICE COURT OF THE CITY OF LOUISVILLE TO COMPEL HIM TO TRY CERTAIN CRIMINAL OFFENSES. — Writ ¡of mandamus denied by equally divided Court.
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Case 31. — APPLICATION TO THE APPELLATE COURT FOR MANDAMUS BY THE COMMONWEALTH ON THE RELATION OF PAUL C. BARTH AGAINST J. W. McCANN, JUDGE OF THE POLICE COURT OF THE CITY OF LOUISVILLE TO COMPEL HIM TO TRY CERTAIN CRIMINAL OFFENSES. — Writ ¡of mandamus denied by equally divided Court. PROPOSITIONS. 1. Section 1303 is valid and should be enforced against all persons, regardless of whether they do or not observe some other day than Sunday as their Sabbath. 2. That the statute embraces two separate offenses. 3. That a penal officer may arrest without a warrant where either offense is committed…
1Opinion of the Court
Opinion by
Judge Settle.
Section 1303, Ky. St. 1903, provides: “Any person who shall, on Sunday, keep open a bar room or other place for the sale of spirituous, vinous, or malt liquors, or who shall sell or otherwise dispose of such liquors, or any of them, shall be fined not less than $10.00 nor more than $50.00 for each offense.” Quite a number of persons, saloon keepers of the city of *251Louisville, charged with violating this statute, were arrested on Sunday, May 27, 1906, and taken before the police court of that city on the day following under warrants for the ' offense indicated. Several of…
2Cases cited7 opinions
- Burnside v. Lincoln County CourtCourt of Appeals of Kentucky · 1887
- Stickrod v. CommonwealthCourt of Appeals of Kentucky · 1887
- State v. BarronSupreme Court of Vermont · 1864
- Anderson v. CommonwealthCourt of Appeals of Kentucky · 1877
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1896
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3Cited by7 opinions
- James v. HelmCourt of Appeals of Kentucky · 1908
- Madden v. MeehanCourt of Appeals of Kentucky · 1912
- Hieatt v. SettleCourt of Appeals of Kentucky · 1917
- Cassidy v. DrakeCourt of Appeals of Kentucky · 1913
- Pelfry v. SpencerCourt of Appeals of Kentucky · 1924
2 more not listed; retrieve them via the Exa API.