COMMONWEALTH v. ARLAN'S DEPT. STORE OF LOUISVILLE


357 S.W.2d 708 (1962)

COMMONWEALTH of Kentucky, Appellant, v. ARLAN'S DEPARTMENT STORE OF LOUISVILLE, Kentucky, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 22, 1962.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellant.

Henry B. Sadlo, James E. Thornberry, Edward M. Post, Frank A. Garlove, Louisville, for appellees.

Charles E. Keller, Louisville, for amicus curiae.


CULLEN, Commissioner.

On warrants charging violations of the Kentucky "Sunday Closing Law," KRS 436.160, the owners of three retail stores in Louisville were tried in the quarterly court, found guilty, and fined $20 each. They appealed to the circuit court, which dismissed the prosecutions on the ground that the statute is unconstitutional. The Commonwealth has appealed from the judgments of dismissal.

The circuit court held the statute unconstitutional on...

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