People v. Tolman
Michigan Supreme Court
Error to Kalkaska; Chittenden, J. John Tolman was convicted under section 5395, 8 Comp. Laws, of keeping his saloon open on Sunday.
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Error to Kalkaska; Chittenden, J. John Tolman was convicted under section 5395, 8 Comp. Laws, of keeping his saloon open on Sunday. Defendant is charged with failure to keep his saloon closed on Sunday, April 8, 1906. The facts appearing upon the trial are stated from appellant’s brief: “ The respondent was tried and convicted for keeping his saloon open on Sunday, April 8, 1906. The evidence, undisputed, shows that on the morning of Sunday, April 8, 1906, at about the hour of 8 o’clock, two employés of the respondent, the bartender and porter of the saloon, were in the saloon engaged in…
1Opinion of the CourtOstrander, J.
(after stating the facts). The instructions were right. This court has never held that an overruling necessity may not excuse entrance to a saloon on Sunday. It has expressly determined that the proprietor must, at his peril, .see that no necessity exists for keeping the same open by carrying on any other business therein which would require the doors to be open or for persons to enter therein. People v. Waldvogel, 49 Mich. 337; People v. Blake, 52 Mich. 566; People v. Cummerford, 58 Mich. 328; People v. Schottey, 116 Mich. 1; People v. Kriesel, 136 Mich. 80; People v. Crowley, 90 Mich. 366;…
2Cases cited8 opinions
- People v. WaldvogelMichigan Supreme Court · 1882
- People v. BlakeMichigan Supreme Court · 1884
- People v. SchotteyMichigan Supreme Court · 1898
- People v. CummerfordMichigan Supreme Court · 1885
- People v. KrieselMichigan Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. DammMichigan Supreme Court · 1914
- People v. GordonMichigan Supreme Court · 1909
- State v. DonovanSouth Dakota Supreme Court · 1911
- Ollre v. StateCourt of Criminal Appeals of Texas · 1909
- People v. HenzeMichigan Supreme Court · 1907