Nelson v. State

Decided June 16, 1888

Court of Appeals of Texas · decided 1888-06-16

Tried below before the Hon. E. C. Bonham, County Judge. The opinion discloses the nature of the cases. The penalties imposed were fines of ten dollars in each case. The proof shows that the appellants, employed in the same blacksmith shop, shod two certain horses on Sunday, which said horses belonged to and were used by a stage company in the transportation of the United States mails.

Decided 1888-06-16

Hurt, Judge.

¶1Appellants 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.)

¶2The judgment is reversed and the cause remanded.

¶3Reversed and remanded.