Legal Opinion

Commonwealth v. Crowley

Massachusetts Supreme Judicial Court

Decided January 3, 1888PublishedCited by 7 opinions

Complaint on the Pub. Sts. c. 98, § 2, alleging that the defendant, at Boston, on March 13,1887, that day being the Lord’s day, kept open his shop “ for the purpose of doing business therein, the same not being then and there works of necessity or charity.”

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Complaint on the Pub. Sts. c. 98, § 2, alleging that the defendant, at Boston, on March 13,1887, that day being the Lord’s day, kept open his shop “ for the purpose of doing business therein, the same not being then and there works of necessity or charity.” Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows: The defendant testified that on Sunday, March 13, 1887, between the hours of eight and nine o’clock in the forenoon, he kept open a shop, situated on Cambridge Street in Boston, and of which he was the proprietor, for the purpose of…

1Opinion of the CourtKnowlton, J.

Section 2 of the Pub. Sts. e. 98, which forbids keeping open one’s shop on the Lord’s day, or doing “ any manner of labor, business, or work, except works of necessity and charity,” was amended by the St. of 1886, c. 82, which provides that “ this section shall not apply to sales by bakers, between the hours of six and ten o’clock in the forenoon and four and half-past six o’clock in the afternoon, of bread and other articles of food usually dealt in by them.”

The refusal of the judge to rule as requested, taken in connection with his instruction to the jury, that, “ if they believed the…

2Cited by7 opinions

  1. Commonwealth v. MarzynskiMassachusetts Supreme Judicial Court · 1889
  2. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1923
  3. Commonwealth v. De VoeMassachusetts Supreme Judicial Court · 1893
  4. Crown Kosher Super Market of Mass., Inc. v. GallagherDistrict Court, D. Massachusetts · 1959
  5. Schlichte v. State, Court of Common Pleas of Ohio, Hamilton County1908

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