Shipley v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Jephtha H. Evans, Judge. 1. The facts in this cause differ from those in 56 Ark. 124 in every particular, and falls within the doctrine announced in 33 Ind. 416, approved in the former, •case.
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Appeal from Logan Circuit Court. Jephtha H. Evans, Judge. 1. The facts in this cause differ from those in 56 Ark. 124 in every particular, and falls within the doctrine announced in 33 Ind. 416, approved in the former, •case. The court correctly held in 56 Ark. 124 that the statute did not mean to prohibit the doing of every kind •of work except household work of daily necessity, but ‘ ‘ that such labor, not in the discharge of household •duties, as is a necessary incident to the accomplishment ■of a lawful purpose is not a violation of the statute." The operating of the pumps and fan was a…
1Opinion of the CourtWood, J.
Appellants were convicted of the crime of Sabbath breaking. The proof for the state was that appellants labored, operating the pumps and fan of the Western Coal & Mining Company at their mine in Franklin county, Arkansas. The defense was that the work alleged was of necessity. The proof on behalf of appellants was, in substance, that the pumps and fan were adapted to the mine in which they were used ; that it was necessary to operate them on Sunday to prevent the probable destruction of the mine, and to protect the lives of the miners; that the suspension of the pumps and fan on Sunday would…
2Cases cited7 opinions
- United States v. HaywardU.S. Circuit Court for the District of Massachusetts · 1815
- Wilkinson v. StateIndiana Supreme Court · 1877
- Commonwealth v. KnoxMassachusetts Supreme Judicial Court · 1809
- Edgerton v. StateIndiana Supreme Court · 1879
- Cleary v. StateSupreme Court of Arkansas · 1892
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3Cited by4 opinions
- Lane v. StateCourt of Criminal Appeals of Texas · 1912
- Turner v. StateSupreme Court of Arkansas · 1907
- Grimes v. StateCourt of Criminal Appeals of Texas · 1918
- Lee Wilson & Co. v. StateSupreme Court of Arkansas · 1916