
    Commonwealth vs. Charles Hyneman.
    To a complaint against a licensed victualler for selling intoxicating liquors on the Lord's day, in violation of St. 1868, c. 141, § 10, it is no defence that the defendant was a Jew and conscientiously believed that the seventh day of the week ought to be observed as the Sabbath.
    Complaint against a licensed victualler for violation of the 8t. of 1868, c. 141, § 10. The case is stated in the opinion.
    
      
      T. H. Tyndale, for the defendant.
    
      C. Allen, Attorney General, for the Commonwealth.
   Chapman, C. J.

The defendant is found guilty of selling intoxicating liquors on the Lord’s day, contrary to the provisions of St. 1868, c. 141. He has a license; but, by § 10, the license does not authorize him to sell on that day. But he offered to prove that he was a Jew, conscientiously believing that the seventh day is the Sabbath. His conscientious belief might protect him from a prosecution for violating the provisions of the Gen. Sts. c. 84, by acts of secular labor on the Lord’s day (see § 9), provided he violated no other law. But it is no excuse for his violation of the law respecting the sale of intoxicating liquors. Exceptions overruled.  