Commonwealth v. Josselyn

97 Mass. 411

Opinion

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. The complaint was sufficient, and there was nothing to show any necessity for the defendant’s labor on that day. Exceptions overruled.