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STATE v. SMITH

20751

271 S.C. 317 (1978)

247 S.E.2d 331

The STATE, Respondent, v. Dennis SMITH, Appellant.

Supreme Court of South Carolina.

August 24, 1978.

Attorney(s) appearing for the Case

William D. Richardson, Greenville, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Brian P. Gibbes and Sally G. Young, Columbia, and Sol. William W. Wilkins, Jr., Greenville, for respondent.

August 24, 1978.

LITTLEJOHN, Justice:

The appellant, Dennis Smith, was convicted by a jury and sentenced by the trial judge for violation of South Carolina Sunday Blue Laws. As manager, he operated the Ingles Grocery Store on a Sunday, employing six persons.

Section 53-1-40, Code of Laws of South Carolina (1976),1 provides in part as follows:

"On the first day of the week, commonly called Sunday, it shall be unlawful...

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