Commonwealth v. Luscomb
Massachusetts Supreme Judicial Court
Indictment on the St. of 1880, c. 209, alleging that the defendant, on June 8, 1880, at Lawrence, “had in his custody and possession 'one pint of adulterated milk, to which milk water had been added, with intent to sell the same in said Lawrence.” At the trial in the Superior Court, before Brigham, C. J., there was no question as to the possession of the milk by the defendant, and his intention to sell the same, as set forth in the indictment.
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Indictment on the St. of 1880, c. 209, alleging that the defendant, on June 8, 1880, at Lawrence, “had in his custody and possession 'one pint of adulterated milk, to which milk water had been added, with intent to sell the same in said Lawrence.” At the trial in the Superior Court, before Brigham, C. J., there was no question as to the possession of the milk by the defendant, and his intention to sell the same, as set forth in the indictment. To show that the milk was adulterated, the government relied upon the evidence of a chemist, who testified that he had analyzed the milk, and found it…
1Opinion of the CourtColt, J.
A penalty is provided by the St. of 1880, c. 209, § 3, for the offence of having in possession “ adulterated milk, or milk to which water or any foreign substance has been added.” A subsequent section of the same statute declares that, “ in all prosecutions under this act, if the milk shall be shown upon analysis to contain more than eighty-seven per centum of watery fluid, or to contain less than thirteen per centum of milk solids, *44it shall be deemed for the purposes of the act to be adulterated.” § 7.
It is contended, on the part of the Commonwealth, that the purpose of the act is to prevent…
2Cited by12 opinions
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- State v. MeysenburgMissouri Court of Appeals · 1902
- Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1882
- State v. CampbellSupreme Court of New Hampshire · 1887
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1885
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