Ex Parte Stollenwerck
Supreme Court of Alabama
Certiorari to Court of Appeals. Clarence Stollenwerck was convicted of keeping open store on Sunday, and be appealed to the Court of Appeals, wbicb affirmed (77 South. 52), and he petitions for certiorari.
1Opinion of the CourtMayfield, J.
The question presented by this application is whether or not a druggist violates section 7814 of the Criminal Code, which defines offenses against the Sunday law, by keeping open store and selling on Sunday soda water, tobacco, cigars, ice cream, candies, confectioneries, and' toilet articles.
That part of the statute which alone can apply, and which the Court of Appeals held does apply, constituting such sales on Sunday a violation of the statute, reads as follows:
“[Any person who], being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense,…
2Cases cited17 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Stuart v. LairdSupreme Court of the United States · 1803
- Young v. StateSupreme Court of Alabama · 1877
- Sarlls v. United StatesSupreme Court of the United States · 1894
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
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3Cited by19 opinions
- Broadbent v. GibsonUtah Supreme Court · 1943
- State v. Tuscaloosa Building & Loan Ass'nSupreme Court of Alabama · 1935
- Vaughn v. StateAlabama Court of Appeals · 1919
- Lane v. McFadyenSupreme Court of Alabama · 1953
- Simonetti v. City of BirminghamCourt of Criminal Appeals of Alabama · 1975
14 more not listed; retrieve them via the Exa API.