Court of Civil Appeals of Texas, 1888

Nelson v. State

Nelson v. State
Court of Civil Appeals of Texas · Decided June 16, 1888 · Hurt
25 Tex. Ct. App. 599; 8 S.W. 927; 1888 Tex. Crim. App. LEXIS 111

Nelson v. State

Opinion of the Court

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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