State v. Dimacchia

Defendant, appellant herein, was convicted in the Municipal Court of Springfield on a charge that he unlawfully engaged in common labor on Sunday.

The principal facts are not disputed. On Sunday, September 10, 1961, the Ontario Store of Springfield, Ohio, was open for business. Ernest Ostreicher, the manager, was present and in charge of the store until sometime in the afternoon. When he left, defendant took charge as acting manager.

A little while later William Cutlip of Springfield, then in the employ of the Retail Merchants, and Mrs. Beatrice Smith of Columbus, in the employ of Pinkerton’s,…