Wells v. Commonwealth
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Henrico county. The defendant was president of the Richmond Amusement Corporation, and was arrested, tried and convicted for giving a performance on Sunday.
1Dissent
Buchanan, J.,
(dissenting.)
I cannot concur in the opinion of the court, that a violation of section 3799 of the Code of 1904 is not a misdemeanor. To reach that conclusion it is necessary to hold that a violation of that section is not a criminal offense, for all offenses which are not felonies are misdemeanors. Code, sec. 3879. Minor’s Crimes & Punishments, p. 17.
The statute prohibits Sunday work with certain exceptions, and imposes a penalty for its violation for the benefit of the state, thus possessing’ the essential elements of a criminal statute. Jernigan's Case, 104 Va. 850, 52 S. E.…
Also in this document: Concurrence.
2Cases cited6 opinions
- State v. B. & O. R. R.West Virginia Supreme Court · 1879
- State v. Railroad Co.West Virginia Supreme Court · 1884
- Ex parte MarxSupreme Court of Virginia · 1889
- Jernigan v. CommonwealthSupreme Court of Virginia · 1905
- State v. McBeeWest Virginia Supreme Court · 1902
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