Russell v. State

The appellant was indicted and convicted, in the court below, for the desecration of the Sabbath, by superintending, controlling, and carrying on a barber-shop on Sunday. A motion to quash the indictment was made and overruled, and an exception taken. This ruling is assigned for error.

The objection urged to the indictment is, that it does not negative all the exceptions contained in the body of the act. The statute, among other things, excepts “ works of charity and necessity.” The indictment alleges that it was not a work of charity, but omits the words “ and necessity.” The objection is…