Commonwealth v. Spear
Massachusetts Supreme Judicial Court
Indictment under the Pub. Sts. c. 57, § 5, charging the defendant with having in his possession adulterated milk, with intent unlawfully to sell the same. . Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: To prove that the milk was adulterated, the government called as a witness one Jordan, who testified that he was not an inspector of milk, -but was an analyst in the inspector’s employ; that he received from one…
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Indictment under the Pub. Sts. c. 57, § 5, charging the defendant with having in his possession adulterated milk, with intent unlawfully to sell the same. . Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: To prove that the milk was adulterated, the government called as a witness one Jordan, who testified that he was not an inspector of milk, -but was an analyst in the inspector’s employ; that he received from one Mullen, an employee of said inspector, the milk upon which this indictment is founded; and that he analyzed said milk.…
1Opinion of the CourtDevens, J.
The first and second sections of the Pub. Sts. c. 57, (the second section being amended by § 3 of the St. of 1884, c. 310,) provide for the appointment of inspectors of milk, who may enter all places where milk is stored or kept for sale, and that “ all persons engaged in the sale of milk shall, on the request in writing of an inspector, deliver to the person having the request a sample or specimen sufficient for the purpose of analysis of the milk then in his possession,” &c. “ Said inspector shall cause the sample or specimen of milk so delivered to be analyzed or otherwise satisfactorily…
2Cited by5 opinions
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- Commonwealth v. LockhardtMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. HoltMassachusetts Supreme Judicial Court · 1888
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