Massachusetts Supreme Judicial Court, 1887

Commonwealth v. Shannihan

Commonwealth v. Shannihan
Massachusetts Supreme Judicial Court · Decided October 19, 1887
145 Mass. 99; 13 N.E. 347; 1887 Mass. LEXIS 18

Commonwealth v. Shannihan

Opinion of the Court

By THE Court.

This is a complaint under the Pub. Sts. c. 98, § 2, which prohibits the keeping open of a shop, warehouse, or workhouse on the Lord’s day. Section 2 of the St. of 1887, e. 891, makes certain exceptions to this general provision; but, according to the rule established in this Commonwealth, such exceptions need not be negatived in a complaint or indictment. Commonwealth v. Jennings, 121 Mass. 47. The complaint in this case sets forth a complete offence; if the defendant is within any of the exceptions, it is matter of defence.

Exceptions overruled.

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