Mueller v. State

The appellant was tried and convicted before a justice of the peace upon a charge of violating the Sunday law, in that on Sunday, the 23d day of October, 1881, he was found at common labor and engaged in his usual avocation [vocation], to wit: Selling cigars and tobacco to one James Smith and divers other persons of unknown names,, the transaction not being a work of charity or necessity.

Upon appeal to the criminal court the defendant was again tried, convicted and adjudged to pay a fine. No question is made of the formal sufficiency of the affidavit. The appeal is based entirely upon the…