People ex rel. Briggs v. Owen

'The relator at the time the writ of habeas corpus was applied for was in the custody of *255the sheriff of Monroe county awaiting trial before the police court of Rochester on the charge of Sabbath breaking by the performance of labor not a work of charity or necessity on Sunday, September 26, 1915, in the city of Rochester, in violation of section 2143 of the Penal Law, which reads as follows: “All labor on Sunday is prohibited excepting the works of necessity and charity. In works of necessity or charity is included whatever is needful during the day for the good order, health or comfort of…