State v. Heard

Citations

• 107 La. 60

Syllabus

<p>Syllabus.</p> <p>1. A conviction for selling one drink of beer to Ben Barnes, is not a bar to n prosecution for selling on the same day one flask of whisky to Austin Montgomery, unless the two sales are proved to have been one and the same transaction, constituting one sale.</p> <p>2 The one word “Sunday” conveys all the meaning .that is conveyed by the phrase “the twenty-four hours immediately following 12 o’clock Saturday nighthence, under a statute forbidding stores to be kept open, or liquors to be sold during the twelve hours immediately following 12 o’clock Saturday night, it is sufllcient to charge that the unlawful acts were committed on Sunday : especially is this so where in the title of the statute the word “Sunday” is used to designate the same forbidden space of time.</p> <p>3. The hour at which the forbidden acts were committed need not be specified; it is sufficient to charge that they were committed on Sunday. •</p> <p>4. Whether the mere opening of a store on Sunday, without making any sales, violates Act J8 of 1886, commonly known as the Sunday law, quaere. But every separate act of selling from said store on Sunday, constitutes a separate violation of said act, subject to separate prosecution and punishment.</p>