Commonwealth v. Marzynski
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 98, § 2, alleging that the defendant, at Boston,' on July 22, 1888, that day being the Lord’s day, “ did keep open his shop there situate, and numbered one hundred and four in Eliot Street, for the purpose of doing business therein ; the same not being then and there works of necessity or charity.”
Read the full summary
Complaint on the Pub. Sts. c. 98, § 2, alleging that the defendant, at Boston,' on July 22, 1888, that day being the Lord’s day, “ did keep open his shop there situate, and numbered one hundred and four in Eliot Street, for the purpose of doing business therein ; the same not being then and there works of necessity or charity.” At the trial in the Superior Court, before Dewey, J., the government called several witnesses, showing that the defendant was a tobacconist;. that his shop was at the corner of Eliot Street and Tremont Street, in Boston; and that he kept his shop open, and made a sale…
1Opinion of the CourtKnowlton, J.
The defendant was prosecuted for having kept his shop open on the Lord’s day for the purpose of doing business therein. The evidence showed that he was a tobacconist, and that he kept his shop open and made a sale of tobacco and cigars on the day named in the complaint. We understand this sale to have included tobacco and cigars in a single transaction. The defendant did not contend, at the trial, that he kept, or had a right to keep, his shop open on the Lord’s day for any other purpose than that of selling tobacco and cigars. The jury were instructed, in substance, that keeping one’s shop…
2Cases cited2 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1888
3Cited by15 opinions
- State v. MainSupreme Court of Connecticut · 1897
- De Luca v. Board of Park CommissionersSupreme Court of Connecticut · 1919
- Henry v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Hygeia Distilled Water Co. v. Hygeia Ice Co.Supreme Court of Connecticut · 1898
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1926
10 more not listed; retrieve them via the Exa API.