New Castle v. Cummings

Citations

• 36 Pa. Super. 443
• 1908 Pa. Super. LEXIS 182

Syllabus

<p>Sunday law — Summary conviction — Municipalities—Act of May 23, 1889, Art. V., Sec. 3, Cl. 28, P. L. 277 — Ordinance—Title of ordinance.</p> <p>Under the Act of May 23, 1889, Art. V., Sec. 3, Cl. 28, a city of the third class has authority to enact an ordinance forbidding the sale of fruits, candies and goods, wares and merchandise, on Sunday, and to provide a penalty of twenty-five dollars or imprisonment for thirty days for its violation.</p> <p>An ordinance entitled “An ordinance prohibiting under penalty the desecration of the Sabbath, or the Lord’s day, commonly called Sunday,” sufficiently indicates in its title a prohibition in the ordinance of the sale of fruits, candies, goods, wares or merchandise on Sunday.</p> <p>An information charging the defendant with selling ice cream, soda water, goods, wares and merchandise “on the fourteenth day of July, a. d. 1907, being the Sabbath or the Lord’s day commonly called Sunday,” sufficiently sets forth a violation of an ordinance prohibiting the sale of fruits, candies, goods, wares and merchandise on the Lord’s day or Sabbath, commonly called Sunday. Sales of soda water and ice cream on Sunday are' within the meaning of the ordinance, although the soda water and ice cream were served in glasses and plates, and were consumed on the defendant’s premises.</p> <p>Where a judgment is entered against the defendant for such sales “ on July 14, 1907)¡being the seventh or Lord’s day, commonly called “Sunday,” the word “seventh” is an obvious error, and may be considered as surplusage.</p>