Cleary v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court. 1. The indictment is defective in failing in any manner to specify what the “laboring” consisted of. Mansf. Dig. sec. 2121, par. 2. 2. The work done was a work of necessity, and clearly falls within the spirit of the exceptions contained in our statute. Mansf. Dig. secs. 1883, 1885, 1888 ; 80 Ky. 291 ; Whart. Cr. Law, sec. 1431 (6); 34 Pa. St. 398 ; 4 Cush.
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Appeal from Pope Circuit Court. 1. The indictment is defective in failing in any manner to specify what the “laboring” consisted of. Mansf. Dig. sec. 2121, par. 2. 2. The work done was a work of necessity, and clearly falls within the spirit of the exceptions contained in our statute. Mansf. Dig. secs. 1883, 1885, 1888 ; 80 Ky. 291 ; Whart. Cr. Law, sec. 1431 (6); 34 Pa. St. 398 ; 4 Cush. (Mass.) 243 ; 6 Mass. 76 ; 143 id. 28 ; 4 O. St. 566 ; 33 Ind. 416 ; 67 Ind. 588 ; ib. 595 ; 79 id. 393 ; 20 Ark. 289 ; 31 Ark. 520. 1. The indictment follows the language of the statute. That is sufficient.…
1Opinion of the Court
Hughes, J.,1- sufa- _
Section 1883 of Mansfield’s Digest, for a violation of which the appellant was indicted, is as lows: “Byvery* person, who shall, on the Sabbath Sunday, be found laboring, or shall compel his apprentice or servant to labor or to perform other services than customary household duties, of daily necessity, comfort or charity, on conviction thereof, shall be fined one dollar for each separate offense.1’ The indictment charges the offense in the language of the statute, negativing that the labor performed by the defendant came within the exception contained in the statute. The…
2Cases cited2 opinions
- Crocket v. StateIndiana Supreme Court · 1870
- State v. AbbeySupreme Court of Vermont · 1856
3Cited by6 opinions
- Kansas City Southern Railway Co. v. StateSupreme Court of Arkansas · 1909
- Richardson v. StateSupreme Court of Arkansas · 1905
- State v. CarlisleSouth Dakota Supreme Court · 1912
- State v. WellottMissouri Court of Appeals · 1893
- Shipley v. StateSupreme Court of Arkansas · 1895
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