Commonwealth v. McCarthy

In the first case the defendant was convicted of violating G. L. c. 136, § 5, which provides that “Whoever on the Lord’s day keeps open his shop, ... or does any manner of labor, business or work, except works of necessity and charity, shall be punished.” He was employed by the General Baking Company, a corporation engaged in the business of manufacturing and selling bread and similar food products. It was the practice of this corporation to make sales or delivery of its products on Sunday only to licensed victuallers who had the right to serve food on that day; and for the purpose of making…