
    JOHNSON v. STATE.
    (No. 7302.)
    (Court of Criminal Appeals of Texas.
    Jan. 10, 1923.)
    Sunday <&wkey;>5 — Keeping a garage and selling gasoline not exempted within statute.
    Keeping a garage and selling gasoline are not within the exceptions of Pen. Code 1911. art. 303, exempting persons engaged in certain classes of business from article 302, making it unlawful for merchants to sell wares or permit places of business to remain open for traffic on Sunday. '
    Appeal from Harris County Court, at Law; Roy Ev Campbell, Judge.
    X. Y. Z. Johnson was convicted of violate ing the Sunday law, and he appeals.
    Affirmed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The conviction is for violation of the so-called “Sunday law.” See Penal Code, arts. 302 and 303.

The facts are undisputed. The appellant kept his place of business open and sold gasoline on Sunday. He defended upon the ground that he sold it only to such persons as were in need of it in order to reach their destination; that he had been informed by a prosecuting officer that under such circumstances it was not unlawful to make sales. He said that upon this information he believed that he was not violating the law; that on week days he sold gasoline to from 50 to 100 cars, while on- Sunday he sold to only from 8 to 12 cars.

In article 302 of the Penal Code it is made unlawful for any merchant to sell his wares or to permit his place of business to remain open for traffic on Sunday. Article 303 exempts from the provisions persons engaged in certain classes of business, hut the exemption does not include the keeper of a garage nor name gasoline as an article which may be sold. From Cye. vol.,37, p. 548, we quote tbe following:

“Where the statute contains no exceptions, the nature of the business of a defendant is immaterial, and the fact that it is a work of necessity, or charity, or that it is not unlawful in itself, constitutes no defense. In construing the statutory exceptions, the ordiriary signification of the words used controls.”

The evidence manifestly supports the verdict. Obedience to the law demands an af-firmance of the judgment; and it is so ordered.  