Nelson v. State

Court of Appeals of Texas

Nelson v. State

8 S.W. 927, 25 Tex. Ct. App. 599, 1888 Tex. Crim. App. LEXIS 111

Court of Appeals of Texas·Decided June 16, 1888·No. Nos. 5746 and 5747·Published

Opinion

Hurt, Judge.

Appellants were convicted for laboring on Sunday. (Penal Code, art. 183.) The labor consisted in shoeing stage horses. Was this a work of necessity under the facts of these cases? If so, there was no offense. (Penal Code, art. 184 We think so. (See Hennersdorf v. The State, ante, 597; Flagg v. Inhabitants of Millbury, 4 Cush., 76; Pearce v. Atwood, 13 Mass., 354; McGatrick v. Wason, 4 Ohio State, 566; Crockett v. The State, 33 Ind., 416; Morris v. The State, 31 Ind., 189.)

The judgment is reversed and the cause remanded.

Reversed and remanded.

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Hurt, Judge.

Appellants were convicted for laboring on Sunday. (Penal Code, art. 183.) The labor consisted in shoeing stage horses. Was this a work of necessity under the facts of these cases? If so, there was no offense. (Penal Code, art. 184 We think so. (See Hennersdorf v. The State, ante, 597; Flagg v. Inhabitants of Millbury, 4 Cush., 76; Pearce v. Atwood, 13 Mass., 354; McGatrick v. Wason, 4 Ohio State, 566; Crockett v. The State, 33 Ind., 416; Morris v. The State, 31 Ind., 189.)

The judgment is reversed and the cause remanded.

Reversed and remanded.

Nelson v. State, 8 S.W. 927, 25 Tex. Ct. App. 599, 1888 Tex. Crim. App. LEXIS 111 (Tex. Ct. App. 1888).

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