Commonwealth v. Tobias
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the Roxbury District of the city of Boston, under the Pub. Sts. c. 57, § 5, in two counts. The first count alleged that the defendant, on April 8, 1885, at Boston, “ did sell a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids.”
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Complaint to the Municipal Court of the Roxbury District of the city of Boston, under the Pub. Sts. c. 57, § 5, in two counts. The first count alleged that the defendant, on April 8, 1885, at Boston, “ did sell a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids.” The second count alleged that the defendant, at the same time and place, did have in his “ possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids, with intent then and there ....…
1Opinion of the CourtField, J.
The complaint was sufficient, and the motion to quash rightly overruled. Commonwealth v. Keenan, 139 Mass. 193. It is not necessary to allege that an analysis had been made of the milk. Commonwealth v. Bowers, 140 Mass. 483.
Section 10 of the Pub. Sts. c. 57, does not prohibit any person not an inspector from making a complaint.
The construction we give to the Pub. Sts. c. 57, §§ 5, 6, 7, and 9, is that these sections prohibit the sale, &c. of milk containing “ more than eighty-seven per cent of watery fluid,” or “ less than thirteen per cent of milk solids,” unless it is sold, not as pure…
2Cases cited3 opinions
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. LuscombMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. BowersMassachusetts Supreme Judicial Court · 1886
3Cited by11 opinions
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- State v. BrownIdaho Supreme Court · 1922
- American Linseed Oil Co. v. WheatonSouth Dakota Supreme Court · 1910
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
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