Commonwealth v. Has
Massachusetts Supreme Judicial Court
Complaint on the Gen. Sts. c. 84, § 1, charging the defendant with unlawfully keeping open his shop on the Lord’s day. At the trial in the Superior Court, before Gardner, J., the defendant admitted keeping the shop open to do lawful secular business and traffic with the public therein, and testified that, when he did so, he conscientiously believed that the seventh day of the week ought to be observed as the Sabbath, and that he so observed it, and disturbed no person.
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Complaint on the Gen. Sts. c. 84, § 1, charging the defendant with unlawfully keeping open his shop on the Lord’s day. At the trial in the Superior Court, before Gardner, J., the defendant admitted keeping the shop open to do lawful secular business and traffic with the public therein, and testified that, when he did so, he conscientiously believed that the seventh day of the week ought to be observed as the Sabbath, and that he so observed it, and disturbed no person. But the judge ruled that the Gen. Sts. c. 84, § 1, contained two classes of offences so far as the ninth section was…
1Opinion of the CourtDevens, J.
The Gen. Sts, c. 84, §§ 1, 2, provide for the punishment of five distinct offences as violations of the Lord’s day These are: 1. Keeping open a shop, warehouse or workhouse 2. Doing any manner of labor, business or work, except works of necessity or charity. 8. Being present at any dancing, or public diversion. 4. Taking part in any sport or play. 5. Travailing on the Lord’s day, except from necessity or charity. The *41ninth section of the same chapter provides that, “ whoever conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and actually refrains…
2Cases cited2 opinions
- Ex parte AndrewsCalifornia Supreme Court · 1861
- Frolickstein v. Mayor of MobileSupreme Court of Alabama · 1867
3Cited by40 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Gallagher v. Crown Kosher Super Market of Massachusetts, Inc.Supreme Court of the United States · 1961
- People v. . HavnorNew York Court of Appeals · 1896
- People v. FriedmanNew York Court of Appeals · 1950
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