Commonwealth v. Sacks
Massachusetts Supreme Judicial Court
Complaint, subscribed and sworn to in the Municipal Court of the City of Boston, with two counts, each charging that the defendant on October 14, 1910, by his servant or agent, one Morris Gumner, was guilty of giving, to the persons respectively named in the two counts, false and insufficient weight in the sale of certain merchandise.
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Complaint, subscribed and sworn to in the Municipal Court of the City of Boston, with two counts, each charging that the defendant on October 14, 1910, by his servant or agent, one Morris Gumner, was guilty of giving, to the persons respectively named in the two counts, false and insufficient weight in the sale of certain merchandise. Having been convicted in the municipal court, the defendant appealed to the Superior Court, where he was tried before Chase, J., upon an agreed statement of facts in substance as follows: The defendant on the day named in the complaint owned and maintained a…
1Opinion of the CourtLoring, J.
The question presented in this case is whether evidence of short weight in a sale made by a servant of the de*74fendant in the defendant’s absence warrants a jury in finding the defendant guilty of a violation of St. 1907, c. 394, § 1. That statute is in these words: “Whoever, himself or by his servant or agent or as the servant or agent of another person, is guilty of giving false or insufficient weight or measure shall for a first offence” etc.
There are a number of crimes (nearly all statutory) in which it has been held that the defendant acts at his peril and that the absence of a guilty…
2Cases cited13 opinions
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- White v. WhiteCourt of Appeals of Kentucky · 1859
- Commonwealth v. RaymondMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. HallettMassachusetts Supreme Judicial Court · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- West's CaseMassachusetts Supreme Judicial Court · 1943
- In Re MarleyCalifornia Supreme Court · 1946
- Pirtle's Administratrix v. Hargis Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1931
9 more not listed; retrieve them via the Exa API.