Commonwealth v. Moriarty

A complaint in a District Court charged that the defendant “on the twelfth day of October . . . [1940], that day being Columbus Day, did keep open his shop in . . . Cambridge, between the hours of seven o’clock ante meridian and one o’clock post meridian, for the purpose of doing retail business therein.” The defendant was found guilty. Upon appeal to the Superior Court the case was heard by a judge, sitting without a jury, on an agreed statement of facts, and the defendant was found guilty and sentenced. With the consent of the defendant the case was reported to this court for the decision…