Whittaker v. State
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County ; Robt. C. Brickell, Judge. Mrs. W. B. Whittaker was convicted of keeping open store on .Sunday, and she appeals. The court was in error in directing a verdict for the state. 201 Ala. 392, 78 South. 454. . The court’s attention is called to the following cases as bearing upon the question here involved: 201 Ala. 392, 78 South. 454; 59 Ala. 64; 53 Ala. 481, 25 Am. Rep. 643; 76 Ala. 89; 131 Ala. 41, 31 South. 377.
1Opinion of the CourtBricken, P. J.
The defendant was indicted and tried for the offense of keeping open store on Sunday. At the conclusion of the evidence, the court, at the written request of the solicitor, gave the general affirmative charge for the state, and this action of the court presents the principal question for our consideration on this appeal.
As a defense to this prosecution the defendant insisted that her place of business, where the offense is alleged to have been committed, was not “a store” but was a restaurant, and the testimony of all the witnesses, both for the state and defendant, was to the effect that she…
2Cases cited1 opinion
- Ex Parte StollenwerckSupreme Court of Alabama · 1918
3Cited by4 opinions
- Lane v. McFadyenSupreme Court of Alabama · 1953
- State Tax Commission v. Gay-Teague Realty Co.Supreme Court of Alabama · 1938
- McMillan v. StateAlabama Court of Appeals · 1935
- Tilman v. State ex rel. CrossSupreme Court of Alabama · 1908