Commonwealth v. Sisson
Massachusetts Supreme Judicial Court
Complaint in the Police Court of the city of Brockton, charging the defendant with a violation of St. 1884, c. 277, as amended by St. 1898, c. 576, in selling goods with trading stamps as an additional inducement, filed September 27, 1900. At the trial, before Fox, J., in the Superior Court for the. county of Plymouth, to which the case came by appeal, the defendant pleaded not guilty, and agreed that if the government witnesses were called they would testify in substance to…
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Complaint in the Police Court of the city of Brockton, charging the defendant with a violation of St. 1884, c. 277, as amended by St. 1898, c. 576, in selling goods with trading stamps as an additional inducement, filed September 27, 1900. At the trial, before Fox, J., in the Superior Court for the. county of Plymouth, to which the case came by appeal, the defendant pleaded not guilty, and agreed that if the government witnesses were called they would testify in substance to the following facts: The defendant, acting as a clerk in a drug store, on the day named in the complaint, sold to the…
1Opinion of the CourtHolmes, C. J.
This court had construed St. 1884, c. 277, and its decision had been public for two years when St. 1898, c. 576, was passed. Commonwealth v. Emerson, 165 Mass. 146. It must be presumed that the Legislature knew the construction of the earlier act and adopted it when it passed the later one. The former act punished selling property upon the inducement that something other than what is specifically stated to be the subject of the sale is to be delivered. This was construed in Commonwealth v. Emerson to refer only to the offer of bargains that appeal to the gambling instinct and induce people to…
2Cases cited5 opinions
- People v. . GillsonNew York Court of Appeals · 1888
- City of Chicago v. NetcherIllinois Supreme Court · 1899
- Long v. StateCourt of Appeals of Maryland · 1891
- Ex Parte McKennaCalifornia Supreme Court · 1899
- Commonwealth v. EmersonMassachusetts Supreme Judicial Court · 1896
3Cited by22 opinions
- Sperry & Hutchinson Co. v. Director of the Division on the Necessaries of LifeMassachusetts Supreme Judicial Court · 1940
- Winston v. Beeson.Supreme Court of North Carolina · 1904
- O'Keeffe v. City of SomervilleMassachusetts Supreme Judicial Court · 1906
- State v. ShugartSupreme Court of Alabama · 1902
- State v. RamseyerSupreme Court of New Hampshire · 1904
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