Rose Theatre Inc. v. Lilly

Russell, Chief Justice.

1. The court did not err in overruling the demurrer to the petition brought by the solicitor-general, based on an information filed by citizens of the City of Thomasville, the petition alleging that the proposed exhibition of moving-picture shows on the Sabbath constituted a public nuisance and an open violation of the Code, § 26-6905, which declares: “Any person who shall pursue his business or the work of his ordinary calling on the Lord’s day, works of necessity or charity only excepted, shall be guilty of a misdemeanor.”

2. An allegation that a stated Code section…