Rosenbrook v. State

Blandford, Justice.

The plaintiff in error was indicted and found guilty for the offence of keeping open a tippling-house on the Sabbath day. He moved for a new trial, which was refused; he excepted, and error is assigned thereon.

That the accused was guilty is most manifest from the evidence in the case. The main question insisted on is, that the court erred in calling the case out of its order as it was placed on the docket, the accused objecting thereto, but assigning no special reason why he was injured or otherwise prejudiced in the court so doing. But he relied on section 4710 of the…