Commonwealth v. Graham
Massachusetts Supreme Judicial Court
Complaint, under St. 1895, c. 434, § 2, charging the defendant with keeping open her shop for the purpose of doing business therein on August 13,1899, at Revere, that being the Lord’s day.* At the trial in the Superior Court, before Sheldon, J., there was evidence tending to show that the defendant was a common victualler, duly licensed by the town of Revere; that she kept a restaurant which was open as a dining-room on said day ; that in the restaurant oh that day she…
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Complaint, under St. 1895, c. 434, § 2, charging the defendant with keeping open her shop for the purpose of doing business therein on August 13,1899, at Revere, that being the Lord’s day.* At the trial in the Superior Court, before Sheldon, J., there was evidence tending to show that the defendant was a common victualler, duly licensed by the town of Revere; that she kept a restaurant which was open as a dining-room on said day ; that in the restaurant oh that day she supplied meals to a large number of people, and that to some of them she sold cigars. The defendant asked the judge to rule…
1Opinion of the CourtBarker, J.
We assume in favor of the defendant that a room kept open by a common victualler ■ merely as a dining-room is not a shop within the meaning of St. 1895, c. 434, § 2. But the ruling asked for by the defendant was too broad. It went upon the ground that if the defendant’s principal business was supplying meals sbe could not be guilty of keeping the place open on the Lord’s day. If one of her purposes in keeping the place open was the sale of cigars she was guilty of the offence charged. The sale of cigars in the restaurant on the Lord’s day was evidence for the jury that one of the defendant’s…
2Cited by4 opinions
- Commonwealth v. MeckelMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. MoriartyMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1989
- Chapoteau v. Bella Sante, Inc.Massachusetts Appeals Court · 2023