Ellis v. State
Court of Appeals of Georgia
Accusation of misdemeanor, from city court of Dawson — Judge Edwards. December 23, 1908. Gene Ellis, a farm-laborer, was convicted of a violation of §422 of the Penal Code. The accusation charged that on the 19th day of July, 1908, he did “unlawfully, on the Lord’s day, pursue his business of selling soda-water, lemonade, and coca-cola, the same no-t being a work of necessity or charity, and the same being done on Sunday.”
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Accusation of misdemeanor, from city court of Dawson — Judge Edwards. December 23, 1908. Gene Ellis, a farm-laborer, was convicted of a violation of §422 of the Penal Code. The accusation charged that on the 19th day of July, 1908, he did “unlawfully, on the Lord’s day, pursue his business of selling soda-water, lemonade, and coca-cola, the same no-t being a work of necessity or charity, and the same being done on Sunday.” It is shown, by the testimony of two witnesses, that on Sunday, July 19, 1908, the defendant “stopped a wagon,” containing two or three cases of soda-water and some…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
We think that the court erred in overruling the motion for new trial. Section 422 of the Penal Code, which provides that “any person who shall pursue his business, or the work of his ordinary calling, on the Lord’s day, works of necessity or charity only excepted, shall be guilty of a misdemeanor,” is taken from the statute of 29 Charles II, e. 7, s. 1. It was first adopted in Georgia in 1762, and the language we have quoted above is the same as that employed in our ancient pre-revolutionary statute. The identical question now presented to us was not passed…
2Cases cited4 opinions
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Sanders v. JohnsonSupreme Court of Georgia · 1859
- Scandrett v. StateSupreme Court of Georgia · 1905
- Reed v. StateSupreme Court of Georgia · 1904
3Cited by2 opinions
- Forehand v. MoodySupreme Court of Georgia · 1945
- Robinson v. StateCourt of Appeals of Georgia · 1986