Legal Opinion

Dixon v. State

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 16 opinions

From the Circuit Court of Covington. Tried before the Hon. Jno. P. Hubbard. cited Snider v. The State, 59 Ala. 64; Com. v. Harrison, 11 Gray, 308; 34 Ark. 447; 33 Mich. 279; Bish. Stat. Cr. 1070a.

1Opinion of the CourtSomekyille, J.

— The defendant is indicted for keeping open store on Sunday, in violation of section 4443 of the present Code (1876) of Alabama. The court, in effect, charged the jury, that the making of a single sale of merchandise without regard to the circumstances of the case, if done on Sunday, constituted a violation of the law.

The design of the statute is to prevent the traffic of merchandise as a business on the Sabbath, excepting only the sale of drugs. By keeping “ open store ” we are to understand the keeping of a store accessible to such as desire to enter for the purpose of traffic.—…

2Cases cited2 opinions

  1. Kroer v. PeopleIllinois Supreme Court · 1875
  2. Snider v. StateSupreme Court of Alabama · 1877

3Cited by16 opinions

  1. Bibb v. StateSupreme Court of Alabama · 1887
  2. Beauvoir Club v. StateSupreme Court of Alabama · 1907
  3. Town of Athens v. MillerSupreme Court of Alabama · 1914
  4. Wadsworth v. DunnamSupreme Court of Alabama · 1897
  5. Western Union Telegraph Co. v. YopstIndiana Supreme Court · 1889

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