Quarles v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Robert J. Lea, Judge. The words of sec. 1883, Mansf. Dig., are not wide enough to cover a Sunday theater or place of amusement. Sabbath breaking is not a common law offense. 2 Chitty, Cr. Law, 20. As the statute is in derogation of the common law, it must be strictly construed. Bish., St. Cr., secs. 216, 218. The word used is “labor,” which has a legal technical meaning, and the statute was not intended to include amusements. 5 Pa.
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APPEAL from Pulaski Circuit Court. Robert J. Lea, Judge. The words of sec. 1883, Mansf. Dig., are not wide enough to cover a Sunday theater or place of amusement. Sabbath breaking is not a common law offense. 2 Chitty, Cr. Law, 20. As the statute is in derogation of the common law, it must be strictly construed. Bish., St. Cr., secs. 216, 218. The word used is “labor,” which has a legal technical meaning, and the statute was not intended to include amusements. 5 Pa. C. C., 10; 35 Hun, 327; 16 Ind., 396; 7 So. Rep., 223; 22 Weekly Law Bulletin, 323. These cases show that offenses must come…
1Opinion of the CourtHughes, J.
The appellant was convicted upon an indictment in which he is charged with a violation of section 1883 of Mansfield’s Digest, which provides that “Every person, who shall on the Sabbath or Sunday be found laboring, or shall compel his apprentice or servant to labor or to-perform other services than customary household duties', of daily necessity, comfort or charity, on conviction thereof,, shall be fined one dollar for each separate offense.” There were two counts in the indictment, in the first of which the charge is that “ the said H. C. Quarles, on the 30th day of November, 1890, said day…
2Cited by13 opinions
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- McAfee v. CommonwealthCourt of Appeals of Kentucky · 1917
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1921
- Lyric Theater v. StateSupreme Court of Arkansas · 1911
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