State v. Benjamin
Oregon Supreme Court
Appeal from Wasco County. Henry Benjamin was indicted for violating the ninth section of the statute, page 773, fifth section of the act of January 18th, 1854, regulating licenses to sell spirituous liquors, which section provides: “No person shall keep open any house, or room, in which intoxicating liquors are kept for retail, on the first day of the week commonly called Sunday.” The trial resulted in the conviction of defendant.
1Opinion of the CourtBoise, J.
At the trial the counsel for the prisoner asked the court to instruct the jury that section five of the act of 1854, was repealed so far as it relates to keeping open a house in which intoxicating liquors are kept for retail, which instruction the court refused. Counsel for the prisoner claims that, section 653, page 564 of the Code, repeals, by implication, section five aforesaid.
Section 653 provides: “ If any person shall keep open any store, shop, grocery, ball-alley, billiard room, tippling house, or any place of amusement, or shall do any regular business or labor, &c., on Sunday, he…
2Cited by6 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Sandys v. WilliamsOregon Supreme Court · 1905
- Messick v. DubyOregon Supreme Court · 1917
- Fleischner v. ChadwickOregon Supreme Court · 1874
- Grant County v. SelsOregon Supreme Court · 1874
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