State v. Wellott
Missouri Court of Appeals
Appeal from the Randolph Circuit Cowrt. — Hon. John A. Hockaday, Judge. It is not disputed that appellant shaved witnesses Smith and Fox on Sunday.
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Appeal from the Randolph Circuit Cowrt. — Hon. John A. Hockaday, Judge. It is not disputed that appellant shaved witnesses Smith and Fox on Sunday. The question is whether or not under the facts and circumstances of this case the work done is within the exception provided in the statute. 1 Revised Statutes, 1889, sec. 3852, p. 919. (2) Said section 3852 unlike similar statutes in many other states, and the English statute of 26 Car. c. 7, sec.' 1 p. 2, simply prohibits ¡persons from performing labor on Sunday other than works of necessity or charity, and is not directed in terms against the…
1Opinion of the CourtGill, J.
— Defendant was indicted, tried and found guilty of working at his trade as barber on Sunday contrary to the statute; and from a judgment thereon he has appealed to this court.
*313I. The section of the statute under which the defendant is prosecuted reads as follows: “Every person who shall either labor himself or compel or permit his apprentice or servant or any other person under his charge or control to labor or perform any work other than the household offices of daily necessity or other works of necessity or charity * * * on the first day of the week, commonly called Sunday, shall be deemed…
2Cases cited9 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- Bucher v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1881
- State v. O'BrienSupreme Court of Missouri · 1881
- Troewert v. DeckerWisconsin Supreme Court · 1881
- State v. OhmerMissouri Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GrannemanSupreme Court of Missouri · 1896
- Armstrong v. StateIndiana Supreme Court · 1908
- State v. SchattMissouri Court of Appeals · 1908
- State v. StuckeyMissouri Court of Appeals · 1903
- State v. CoffeeMissouri Court of Appeals · 1931
1 more not listed; retrieve them via the Exa API.