Opinion · Massachusetts Supreme Judicial Court
Commonwealth v. Josselyn
97 Mass. 411
- Type
- Opinion
- Court
- Massachusetts Supreme Judicial Court
- Jurisdiction
- Massachusetts
- Date
- 1867-10-15
- Topic
- international-arbitration
By the Court. The defendant’s exceptions cannot be sustained. The complaint charged him with working on the Lord’s day by hoeing in his field; and the evidence for the Commonwealth was that he was hoeing in a field, in a part of his garden. There is no variance. Whether a garden is always a field or not, it may be in a field; and this was.
Citator
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- Cited by
- 6 opinions
The defendant’s exceptions cannot be sustained. The complaint charged him with working on the Lord’s day by hoeing in his field; and the evidence for the Commonwealth was that he was hoeing in a field, in a part of his garden. There is no variance. Whether a garden is always a field or not, it may be in a field; and this was. The complaint was sufficient, and there was nothing to show any necessity for the defendant’s labor on that day. Exceptions overruled.