Commonwealth v. Nesbit
Supreme Court of Pennsylvania
Certiorari to the Mayor of Pittsburgh. This was an information against James ÍTesbit, for having performed worldly employment on the Lord’s day, commonly called Sunday, contrary to the provisions of the Acts of 22d April 1794, and 26th April 1855. The information was as follows: — • Commonwealth of Pennsylvania ] Personally appeared be-v. ' >fore me; Henry A. Weaver, James Nesbit. j Mayor in and for the city of Pittsburgh, James Reed, who being duly sworn, doth depose and…
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Certiorari to the Mayor of Pittsburgh. This was an information against James ÍTesbit, for having performed worldly employment on the Lord’s day, commonly called Sunday, contrary to the provisions of the Acts of 22d April 1794, and 26th April 1855. The information was as follows: — • Commonwealth of Pennsylvania ] Personally appeared be-v. ' >fore me; Henry A. Weaver, James Nesbit. j Mayor in and for the city of Pittsburgh, James Reed, who being duly sworn, doth depose and say, that on yesterday, being the 2d day of October, a. D. 1859, being the Lord’s day, commonly called Sunday, he, the…
1Opinion of the Court
*403The opinion of the court was delivered by
Lowbie, C. J.
The technical formalities of an old summary conviction are much beyond the ordinary skill of justices of the peace in this country ; and for this and other reasons, some parts of them have been much condemned in modern legislation. But it is still essential, that a summary conviction shall contain a finding that a special act has been performed by the defendant; and that it shall describe or define it, in such a way, as to individuate it, and show that it falls within an unlawful class of acts. Without this, a judgment that the law has…
2Cited by41 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Two Guys From Harrison-Allentown, Inc. v. McGinleySupreme Court of the United States · 1961
- Commonwealth v. Amer. Baseball Club of Phila.Supreme Court of Pennsylvania · 1927
- Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899
- Commonwealth v. BarbonoSuperior Court of Pennsylvania · 1914
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