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COMMONWEALTH v. RINK'S DEPARTMENT STORES, INC.

444 S.W.2d 544 (1969)

COMMONWEALTH of Kentucky, Appellant, v. RINK'S DEPARTMENT STORES, INC., Appellee. COMMONWEALTH of Kentucky, Appellant, v. ONTARIO STORE OF CINCINNATI, OHIO, INC., Appellee.

Court of Appeals of Kentucky.

Rehearings Denied October 3, 1969.

Attorney(s) appearing for the Case

John Breckinridge, Atty. Gen., H. N. McTyeire, Asst. Atty. Gen., Frankfort, for appellant.

Morris Weintraub, Newport, for Rink's Department Stores.

Daniel W. Davies, Newport, for Ontario Store of Cincinnati, Ohio, Inc.

CULLEN, Commissioner.

These consolidated appeals involve two indictments against Rink's Department Stores, Inc., and two against Ontario Store of Cincinnati, Ohio, Inc. One of the indictments against each defendant was for working on Sunday, and the other for employing others to work on Sunday, in alleged violation of KRS 436.160. The circuit court dismissed the indictments on the ground that the statute, in its exemption of "work of necessity," was so vague, indefinite...

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