Legal Opinion

Commonwealth v. Meckel

Massachusetts Supreme Judicial Court

Decided May 19, 1915PublishedCited by 7 opinions

Complaint entered on October 5, 1914, in the Superior Court, on appeal from a sentence of the Municipal Court of the City of Boston, charging that the defendant on August 23, 1914, that day being the Lord’s day, at Boston did sell one pound of bread to one Nordstrom, the same not being then and there a work of necessity or charity. ■ The defendant was tried before Keating, J., upon an agreed statement of facts as follows: On Sunday, August 23, 1914, at 11 A. M. the defendant…

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Complaint entered on October 5, 1914, in the Superior Court, on appeal from a sentence of the Municipal Court of the City of Boston, charging that the defendant on August 23, 1914, that day being the Lord’s day, at Boston did sell one pound of bread to one Nordstrom, the same not being then and there a work of necessity or charity. ■ The defendant was tried before Keating, J., upon an agreed statement of facts as follows: On Sunday, August 23, 1914, at 11 A. M. the defendant was engaged in the business of a common victualler and as such common victualler sold a loaf of bread to Nordstrom, the…

1Opinion of the CourtCarroll, J.

The defendant was found guilty of doing business on the Lord’s day, by selling and delivering a loaf of bread to the complainant on that day, at her shop, to be carried away from the premises. It is agreed that this sale was not a work of necessity or charity. R. L. c. 98, §§ 2, 3.

The defendant relies on the fact that, being licensed as a com*72mon victualler under R. L. c. 102, §§ 1-22, she had the right to sell food on the Lord’s day, even though the food was not to be eaten upon the premises, but was sold to be carried away.

The words "common victualler,” in Massachusetts, by long usage, have…

2Cases cited1 opinion

  1. Commonwealth v. GrahamMassachusetts Supreme Judicial Court · 1900

3Cited by7 opinions

  1. Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
  2. Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
  3. Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936
  4. Mello v. License Commission of RevereMassachusetts Supreme Judicial Court · 2001
  5. Town of Natick v. Modern Continental ConstructionMassachusetts Superior Court · 1998

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