Commonwealth v. Lockhardt
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 57, § 5, charging the defendant with having in his possession adulterated milk, with intent unlawfully to sell the same. At the trial in the Superior Court, before Thompson, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtDeyens, J.
In Commonwealth v. Spear, 143 Mass. 172, it was contended by the defendant, in a prosecution similar to that in the case at bar, that, in order that any analysis of the milk taken by an inspector should be used in evidence, it was necessary that the provision of the St. of 1884, a. 310, § 4, should have been complied with. There was contradictory evidence in that case as to whether the sample set aside had been corked and sealed, and the credibility of the government witness on this point was submitted to the jury. There was also evidence that a few drops of carbolic acid had been added to…
2Cases cited2 opinions
- Commonwealth v. KennesonMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. SpearMassachusetts Supreme Judicial Court · 1887
3Cited by4 opinions
- Triangle Candy Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1944
- Balfour v. BlockMassachusetts District Court, Appellate Division · 1954
- Commonwealth v. PreviteMassachusetts Supreme Judicial Court · 1935
- Koban v. StateSupreme Court of Arkansas · 1904