Commonwealth v. Sampson
Massachusetts Supreme Judicial Court
Complaint under the Gen. Sts. c. 84, § 1, alleging that the defendants, at Scituate, on the Lord’s day, “ did and performed certain labor, business and work, to wit, by pitching kelp or sea-manure into a cart and hauling the same up the beach, the said -abor, business and work not being then and there work of necessity or charity.”
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Complaint under the Gen. Sts. c. 84, § 1, alleging that the defendants, at Scituate, on the Lord’s day, “ did and performed certain labor, business and work, to wit, by pitching kelp or sea-manure into a cart and hauling the same up the beach, the said -abor, business and work not being then and there work of necessity or charity.” The case was tried in the superior court, before Vose, J., on appeal from the judgment of a trial justice; and, before the jury were impanelled, the defendants filed a motion to quash the proceedings for the alleged reasons, among others, that the defendants were…
1Opinion of the CourtHoar, J.
The defendants were convicted of doing work, labor and business on the Lord’s day, the same not being works of necessity or charity, in violation of Gen. Sts. c. 84, § 1; and several exceptions were taken at the trial.
1. The first ground of exception is, that they could not be jointly convicted, the offence being in its nature a distinct offence in each. We are of opinion that this objection cannot prevail. The act which the statute makes an offence, and which is prohibited as a disturbance of the quiet of the Lord’s day, and from its evil effect and example, is one which may be in its…
2Cited by20 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Allen v. DuffieMichigan Supreme Court · 1880
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1896
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
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