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Legal Opinion

State ex rel. Temple v. Barnes

North Dakota Supreme Court

Decided June 6, 1911PublishedCited by 10 opinions

Application by tbe State, on relation of C. W. Temple and Olara Wright, for writ of habeas corpus to Frank Barnes, Sheriff of Burleigh County. Writ quashed, and petitioner remanded to custody of the sheriff.

1Opinion of the CourtSpalding, J.

Chapter 285 of the Laws of the Twelfth Legislative Assembly of the State of North Dakota, introduced as House Bill No. 328, omitting title, reads as follows:—

“Sec. 1. Theaters open on Sunday unlawful. — It shall be unlawful to keep open, or to run, or permit the running of, any theater, show, moving-picture show, or theatrical performance, upon the first day of the week, commonly called the Sabbath.
“See. 2. Penalty. — Any person, firm, or corporation violating any of the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine…

2Cases cited28 opinions

  1. VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
  2. People v. . HavnorNew York Court of Appeals · 1896
  3. Petit v. MinnesotaSupreme Court of the United States · 1900
  4. Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
  5. People v. . MosesNew York Court of Appeals · 1893

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3Cited by10 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. State v. Gamble Skogmo, Inc.North Dakota Supreme Court · 1966
  3. Minersville School Dist. v. GobitisCourt of Appeals for the Third Circuit · 1940
  4. State v. MaloneMissouri Court of Appeals · 1946
  5. State v. DiamondNorth Dakota Supreme Court · 1928

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