People v. Frost

The defendant was arrested by a State trooper on November 3, 1929. He was innnediately taken before a justice of the peace where a charge of driving while intoxicated was entered against him. To this charge he pleaded guilty and was fined, the fine being paid. November 3, 1929, was Sunday. The defendant now appeals on the ground that the court had no jurisdiction to sentence on Sunday.

Section 5 of the Judiciary Law* provides that a court shall not transact any business on Sunday except to receive a verdict or discharge a jury. The section continues, “ but this section does not prevent the…