Commonwealth v. Gordon
Massachusetts Supreme Judicial Court
Complaint, under Pub. Sts. c. 57, § 5, charging the defendant with having in his possession, with intent to sell the same, milk to which boracic acid had been added. The case was submitted to the jury on an “ agreed statement of facts,” which admitted that the defendant sold a half-pint of adulterated cream.
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Complaint, under Pub. Sts. c. 57, § 5, charging the defendant with having in his possession, with intent to sell the same, milk to which boracic acid had been added. The case was submitted to the jury on an “ agreed statement of facts,” which admitted that the defendant sold a half-pint of adulterated cream. The defendant contended that the admitted sale was not evidence of possession with intent to sell, and that the complaint charging possession of milk was not sustained by proof of possession of cream. Thompson, J., instructed the jury that upon the agreed facts they would be warranted in…
1Opinion of the CourtHolmes, J.
The word “ milk,” in Pub. Sts. c. 57, “ Of the inspection and sale of milk,” is shown by § 7 to include milk from which no part of the cream has been removed, and we are of opinion that it is used as a general name and in a sense broad enough to include cream. The offence under § 5, of having in one’s possession, with intent to sell, milk to which *9a foreign substance has been added, is committed by having, with that intent, cream to which boracic acid has been added. This was the only point argued for the defence.
We understand that the so called agreed statement of facts was not a case stated…
2Cases cited2 opinions
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. TobiasMassachusetts Supreme Judicial Court · 1886
3Cited by10 opinions
- State v. SchlenkerSupreme Court of Iowa · 1900
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth v. Elm Farm Milk Co.Massachusetts Supreme Judicial Court · 1915
- Commonwealth v. Boston White Cross Milk Co.Massachusetts Supreme Judicial Court · 1911
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