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STATE v. WIENER

No. 47008.

161 So.2d 755 (1964)

245 La. 889

STATE of Louisiana v. Norman Sidney WIENER.

Supreme Court of Louisiana.

Rehearing Denied March 30, 1964.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for appellant.

Hubert, Baldwin & Zibilich, Leon D. Hubert, Jr., Edward M. Baldwin, Vincent LoCoco, New Orleans, for appellee.

Favret, Favret & Favret, Guste, Barnett & Little, Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, amici curiae.

SANDERS, Justice.

The Bill of Information in this case charged that the defendant, Norman Sidney Wiener, had sold five pairs of men's shoes and slippers on Sunday in violation of LSA-R.S. 51:194, which prohibits the sale of wearing apparel on the first day of the week. The defendant filed a motion to quash the Information on the ground that shoes are not wearing apparel within the terms of the Sunday Closing Law. Alternatively, he pleaded that the statute was unconstitutional...

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