Commonwealth v. Franklin Fruit Co.

The Commonwealth appeals from the dismissal of twelve complaints brought against the defendant for violations of G. L. c. 136, § 5, commonly known as the “Sun day closing laws.” The complaints were dismissed after a two-day hearing in the District Court in which the defendant challenged the prosecution as violative of due process and equal protection requirements under both the Federal and Massachusetts Constitutions because the exceptions created by G. L. c. 136, § 6, are so arbitrary and vague as to sever the law’s connection with a legitimate State purpose. On the basis of evidence adduced…