State v. K-Mart Corp.

TYSON, Judge.

The State of Alabama appeals from an order and judgment of the Circuit Court of Etowah County, Alabama dismissing its complaint against K-Mart Corporation.

I

In its complaint the sheriff indicated that the employees of K-Mart were operating a business on Sunday, allegedly in violation of § 13A-12-1, Code of Alabama 1975, the Sunday Blue Laws.

The District Court had found the corporation in violation of the aforesaid statute. However, on appeal to Circuit Court where the case was heard de novo, the trial court found that the legislation was vague, ambiguous and uncertain and that…