Commonwealth v. Raymond
Massachusetts Supreme Judicial Court
Indictment under the St. of 1866, c. 253, § 1* charging that the defendant, at Groton, on April 10, 1867, “ knowingly, wilfully and maliciously did ■ kill a certain calf, the said calf being then and there less than four weeks old, with intent then and there the meat of said calf to sell,” the defendant “ then and there well knowing that said calf he as aforesaid killed was then and there less than four weeks old.”
Read the full summary
Indictment under the St. of 1866, c. 253, § 1* charging that the defendant, at Groton, on April 10, 1867, “ knowingly, wilfully and maliciously did ■ kill a certain calf, the said calf being then and there less than four weeks old, with intent then and there the meat of said calf to sell,” the defendant “ then and there well knowing that said calf he as aforesaid killed was then and there less than four weeks old.” At the trial in the superior court, before Ames, C. J., the defendant, before the jury were impanelled, moved to quash the indictment, alleging, among other reasons, that, “ 1. the…
1Opinion of the CourtFoster, J.
The defendant is charged with an offence under the first clause of § 1 of St. 1866, c. 253, by which it is made *569punishable to kill a calf less than four weeks old “ for the purpose of sale.” It was not necessary to allege in the indictment that he knew the calf to be less than four weeks old. Under this clause, as under the laws against the sale of intoxicating liquor or adulterated milk, and many other police, health and revenue regulations, the defendant is bound to know the facts and obey the law, at his peril. Such is the general rule where acts which are not mala in se are made mala…
2Cited by46 opinions
- Staples v. United StatesSupreme Court of the United States · 1994
- People v. RobyMichigan Supreme Court · 1884
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1895
41 more not listed; retrieve them via the Exa API.