Smith v. State

This is a prosecution for the offence of Sabbath-breaking. The accused was found guilty on the trial in the court below, and fined ten dollars. Judgment was entered against him for this sum, and costs. From this judgment he appeals to this court, and here he complains of the charge of the court below, and the refusal of the charge asked, as error.

The evidence is wholly without conflict. It shows that the accused shot twice at a dog, and killed it, on Sunday, in mere wantonness and mischief. The court charged the jury, that this was a violation of the law against Sabbath-breaking. There was no…