Legal Opinion

Johnston v. Commonwealth

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 23 opinions

This was a certiorari issued from the Supreme Court to A. McMaster, an alderman of the city of Pittsburgh, in the matter of a proceeding before him in the name of the Commonwealth of Pennsylvania v. William Johnston. It appeared from the proceedings, that on the 5th September, 1853, the said William Johnston was charged with having, on the 4th September, 1853, performed certain worldly employment on the Lord’s-day, commonly called Sunday.

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This was a certiorari issued from the Supreme Court to A. McMaster, an alderman of the city of Pittsburgh, in the matter of a proceeding before him in the name of the Commonwealth of Pennsylvania v. William Johnston. It appeared from the proceedings, that on the 5th September, 1853, the said William Johnston was charged with having, on the 4th September, 1853, performed certain worldly employment on the Lord’s-day, commonly called Sunday. A summons issued on the 6th day of September, and after service of it, the case was continued. On 22d September, counsel on the part of the Commonwealth and…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

It has been suggested that it does not sufficiently appear from the magistrate’s conviction what the worldly employment was, for performing which on Sunday, the defendant was convictéd; but a reference to the record will show that the suggestion is groundless. Complaint was made before Alderman McMasters, of the city of Pittsburgh, .that the defendant had performed certain worldly employment on the Lord’s-day, commonly called Sunday, the 4th day of September, A. d. 1853. A summons was issued, and when the defendant appeared and ascertained…

2Cases cited1 opinion

  1. Kepner v. KeeferSupreme Court of Pennsylvania · 1837

3Cited by23 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Two Guys From Harrison-Allentown, Inc. v. McGinleySupreme Court of the United States · 1961
  3. Commonwealth v. Amer. Baseball Club of Phila.Supreme Court of Pennsylvania · 1927
  4. Bertera's Hopewell Foodland, Inc. v. MastersSupreme Court of Pennsylvania · 1967
  5. Commonwealth ex rel. Allegheny County v. DavisonSuperior Court of Pennsylvania · 1899

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