Snider v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coosa. Tried before the Hon. JOHN Hend EPSON. The defendant was indicted at the spring term, 1877, of the Circuit Court of Coosa county, for keeping open store on Sunday. To this indictment he pleaded not guilty. The defendant was a shop-keeper, and carried on a retail business in the town of Rockford. Besides liquors, he kept some other articles of merchandise for sale.
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Appeal from tbe Circuit Court of Coosa. Tried before the Hon. JOHN Hend EPSON. The defendant was indicted at the spring term, 1877, of the Circuit Court of Coosa county, for keeping open store on Sunday. To this indictment he pleaded not guilty. The defendant was a shop-keeper, and carried on a retail business in the town of Rockford. Besides liquors, he kept some other articles of merchandise for sale. He slept in a room in the back part of the building in which his store was kept. One witness testified that, aboutchristmas, 1876,he “often went to the defendant’s place of business on Sunday…
1Opinion of the Court
STONE, J. —
The defendant was indicted under section 4443 of the Code of 1876, which enacts that “any person . . . who, being a merchant or shopkeeper (druggists excepted), keeps open store on [Sunday], must, for the first offence, be fined not less than ten, nor more than twenty dollars,” &c. The indictment charges that the defendant, “ being a retailer of spirituous liquors, or merchant, or shopkeeper, and not a druggist, did keep open store on the Sabbath.” The indictment does not pursue the statute literally, but its averments bring it substantially within the statute.
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2Cases cited2 opinions
- Farrall v. StateSupreme Court of Alabama · 1858
- Smith v. StateSupreme Court of Alabama · 1874
3Cited by8 opinions
- Ex Parte StollenwerckSupreme Court of Alabama · 1918
- Lane v. McFadyenSupreme Court of Alabama · 1953
- Dixon v. StateSupreme Court of Alabama · 1884
- Barefield v. StateAlabama Court of Appeals · 1916
- State v. FassSupreme Court of New Jersey · 1961
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