Legal Opinion

State ex rel. Hoffman v. Justus

Supreme Court of Minnesota

Decided February 5, 1904No. Nos. 13,785 — (218)PublishedCited by 17 opinions

Writ of habeas corpus issued from the district court for Ramsey county upon relation of P. G. Hoffman, who was arrested and detained by defendant, as sheriff of said county, on the charge of publicly offering for sale and selling groceries on Sunday, in violation of chapter 362, Raws 1903. Upon the hearing before Jaggard, J., the writ was discharged, whereupon relator appealed to the supreme court.

1Opinion of the CourtLovely, J.

Habeas corpus proceedings to determine the legality of petitioner’s imprisonment upon a complaint under chapter 362, p. 652, Raws 1903, which prohibits the sale of articles of merchandise on any portion of the Sabbath day. Under a proper complaint petitioner was convicted *448of the offense charged, and is held upon a warrant issued thereon. The objection to petitioner’s detention rests upon the ground that this statute is invalid, as contravening the provisions of sections 33, 34, art. 4, of the State Constitution, prohibiting partial or class legislation. The act under which petitioner was…

2Cases cited1 opinion

  1. State v. PetitSupreme Court of Minnesota · 1898

3Cited by17 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Broadbent v. GibsonUtah Supreme Court · 1943
  3. State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
  4. Carr v. StateIndiana Supreme Court · 1911
  5. Power v. NordstromSupreme Court of Minnesota · 1921

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