Camden County NcArchives Court.....John Brown, State V. 1819
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 15, 2009, 6:16 pm

Source: Nc Reports
Written: 1819

The State v. John Brown

From Camden

May Term 1819

Indictment charged that the Defendant was a common Sabbath-breaker and 
prophaner of the Lord's day, commonly called Sunday; and that he on divers 
days, being Lord's days, did keep a certain open shop, and then and there sold 
and exposed to sale divers goods, wares and spirituous liquors, to negroes and 
others, to the great damage of the good citizens of the state, &c. Judgment 
arrested for,

Charging a man with being a common Sabbath-breaker and prophaner of the Lord's 
day is insufficient, as it does not show how or in what manner he was a common 
Sabbath-breaker, &c. An indictment is a compound of law and fact, and the 
Court upon an inspection of the indictment, must be able to perceive the 
alleged crime.

Charging the Defendant with keeping an open shop and selling goods and 
spirituous liquors to negroes and others on the Sabbath is insufficient; for 
if the act can be intended to be lawful it shall be so presumed; and this 
presumption will continue, unless the act be charged to be done under 
circumstances which render it criminal, and be so found by a Jury. In this 
case, the Defendant might have sold to persons to whom it was a merit rather 
than a crime to sell; and nothing shall be intended against him.

The indictment against the defendant was in the following words, to-wit:

"The Jurors for the state, upon their oaths present, that John Brown, late of 
the County of Camden, shopkeeper, on 1 February, 1817, and continually 
thereafter up to the time of taking this inquisition at Camden aforesaid, was, 
and yet is, a common Sabbath-breaker and prophaner of the Lord's day, commonly 
called Sunday; and that the said John Brown, on the day aforesaid, being 
Lord's day, and on divers other days and times, as well before as since, being 
Lord's day, did then and there keep and maintain a certain open shop, and on 
the days and times aforesaid, there sold and exposed to sale divers good, 
wares and spirituous liquors, to negroes and others, to the great damage of 
the good citizens of this state, and against the peace and dignity of the 
state."

The Defendant submitted; but the Court entertaining a doubt whether the facts 
set forth in the indictment constituted an indictable offence as therein set 
forth, sent the case to this Court.

Henderson, Judge: The indictment charges that the Defendant is a common 
Sabbath-breaker and prophaner of the Lord's day. If it had stopped here, it 
would certainly have been insufficient, as it would not show how or in what 
manner he was a common Sabbath-breaker and prophaner of the Lord's day. The 
Court upon an inspection of the record, must be able to perceive the alleged 
criminal act; for an indictment, as was once well observed from this bench by 
Judge Lowrie, is a compound of law and fact - the latter part of the 
indictment charges that the Defendant kept an open shop and sold divers goods, 
wares and spirituous liquors to negroes and others on the Sabbath. This 
offence, as charged, is not punishable by indictment; for if the act can be 
intended to be lawful, it shall be so presumed, unless it be charged to be 
done under circumstances which render it criminal, and be so found by a Jury. 
For aught that appears to the contrary, this sale might have been to the lame 
or weary traveler or to others to whom it was a merit to sell instead of a 
crime; and nothing shall be intended against a Defendant. And if this were the 
Sabbath-breaking spoken of in the foregoing part of the indictment, taking the 
whole together, the Defendant well might have done all charged against him, 
and yet have committed no crime; and this may have been the case, we are bound 
to presume it; at least not to presume to the contrary - The judgment must be 
arrested.

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