State v. Brown's Thrift City Ethical Pharmacy, Inc.

BARHAM, Justice.

The defendant, Brown’s Thrift City Ethical Pharmacy, Inc., was charged by bill of information with selling one gallon of paint on Sunday, in violation of R.S. 51:194 which forbids the sale on Sunday of certain merchandise including “building supply materials”. After the judge overruled a motion to quash which alleged the unconstitutionality of R.S. 51:194, the defendant was tried, convicted, and sentenced to pay a fine of $100.00 and costs, the maximum penalty for a first violation of this statute. It has appealed to this court.

Since the defendant was tried for a misdemeanor…