# State v. Brown's Thrift City Ethical Pharmacy, Inc.

> Supreme Court of Louisiana · March 30, 1970 · 255 La. 827

URL: https://www.frixlaw.com/law-library/cases/7178603

## Case

- **Full name:** STATE of Louisiana v. BROWN'S THRIFT CITY ETHICAL PHARMACY, INC.
- **Court:** Supreme Court of Louisiana
- **Decided:** March 30, 1970
- **Citations:** 255 La. 827; 233 So. 2d 531; 1970 La. LEXIS 3990
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barham
- **Judges:** Barham
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7178603

## Opinion text

BARHAM, Justice.
The defendant, Brown’s Thrift City Ethical Pharmacy, Inc., was charged by bill of information with selling one gallon of paint on Sunday, in violation of R.S. 51:194 which forbids the sale on Sunday of certain merchandise including “building supply materials”. After the judge overruled a motion to quash which alleged the unconstitutionality of R.S. 51:194, the defendant was tried, convicted, and sentenced to pay a fine of $100.00 and costs, the maximum penalty for a first violation of this statute. It has appealed to this court.
Since the defendant was tried for a misdemeanor and sentenced to pay a fine which does not exceed $300.00, and since the statute was not held unconstitutional by the trial court,-this court is without appellate jurisdiction, and we take notice of- this ex' proprio motu. La.Const. of 1921, Art. 7, Sec. 10(2), (5); State v. Ginalva, 165 La. 304 , 115 So. 571 ; State v. Boothe, 227 La. 847 , 80 So.2d 437 ; State v. Smith, 254 La. 78 , 222 So.2d 864 ; State v. Murphy, 254 La. 873 , 227 So.2d 915 .
The appeal is accordingly dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7178603. Public record. Not legal advice.