Com. v. Graham
| Decision Date | 29 March 1900 |
| Citation | 176 Mass. 5,56 N.E. 829 |
| Parties | COMMONWEALTH v. GRAHAM. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
M. J. Sughrue, Asst. Dist. Atty., for the Commonwealth.
C. B. Loud, for defendant.
We assume, in favor of the defendant, that a room kept open by a common victualer merely as a dining room is not a shop, within the meaning of St. 1895, c. 434, § 2. But the ruling asked for by the defendant was too broad. It went upon the ground that, if the defendant's principal business was supplying meals, she could not be guilty of keeping the place open on the Lord's day. If one of her purposes in keeping the place open was the sale of cigars, she was guilty of the offense charged. The sale of cigars in the restaurant on the Lord's day was evidence for the jury that one of the defendant's purposes in keeping it open was to make such sales. Because of this evidence, the request was rightly refused. The only exception is to the refusal to give the request. It is to be presumed that correct instructions were in fact given. Exceptions overruled.
To continue reading
Request your trial
-
Commonwealth v. Moriarty
...a ‘place kept and used for the sale of goods.’ See also Commonwealth v. Annis, 15 Gray, 197, 199, 201. Moreover, in Commonwealth v. Graham, 176 Mass. 5, 6, 56 N.E. 829, 830, under the Lord's day statute then in effect, a defendant was charged with keeping open her shop on the Lord's day, an......
-
Commonwealth v. Moriarty
... ... goods." See also Commonwealth v. Annis, 15 Gray, 197, ... 199, 201. Moreover, in Commonwealth v. Graham, 176 ... Mass. 5 , 6, under the Lord's day statute then in effect, ... a defendant was charged with keeping open her shop on the ... Lord's day, ... ...
-
Commonwealth v. Meckel
... ... day any kind of food to any one, if it is sold to be taken ... and carried away. Commonwealth v. Graham", 176 Mass ... 5, 56 N.E. 829 ... \xC2" ... ...