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ROGERS v. STATE

199 A.2d 895 (1964)

Carl ROGERS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 9, 1964.

Attorney(s) appearing for the Case

Edward W. Cooch, Jr., and H. Alfred Tarrant, Jr., of Cooch & Taylor, Wilmington, for appellant.

Thomas Herlihy, III, Chief Deputy Atty. Gen., and Merrill C. Trader, Deputy Atty. Gen., for the State.

TERRY, C. J., CAREY, J., and STOREY, J., specially assigned.

CAREY, Justice.

The defendant appeals from a finding of guilt in the Superior Court upon a charge of barbering on Sunday in violation of 24 Del. C. § 415. He challenges the constitutionality of the statute, which reads as follows:

"Whoever carries on or engages in the business of shaving, haircutting or other work of a barber, or whoever opens or allows to be open his barber shop or place where such business is done, for the purpose of carrying on his...

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