Commonwealth v. Phelps
Massachusetts Supreme Judicial Court
Two complaints, received and sworn to in the Police Court of Fitchburg on April 26, 1910, the first charging the defendant with a violation of R. L, c. 56, § 57, in having in his possession with intent to sell milk which was not of good standard quality; and the second charging him with a violation of § 58 of the same chapter in having in his possession with intent to sell milk from which the cream or a part thereof had been removed without the receptacle being marked “…
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Two complaints, received and sworn to in the Police Court of Fitchburg on April 26, 1910, the first charging the defendant with a violation of R. L, c. 56, § 57, in having in his possession with intent to sell milk which was not of good standard quality; and the second charging him with a violation of § 58 of the same chapter in having in his possession with intent to sell milk from which the cream or a part thereof had been removed without the receptacle being marked “ skimmed milk.” On appeal to the Superior Court, the cases were tried together before Fox, J. One Charles E. Hickey, called…
1Opinion of the CourtBraley, J.
The complaints respectively charged the defendant under R. L. c. 56, §§ 57, 58, with having in his possession milk below the standard prescribed by § 56 of that chapter, and milk from which the cream or a part thereof had been removed, which he intended to sell in violation of the statute, and, having been convicted, he urges that the published official documents', articles or bulletins treating of the subject and containing certain statements that milk might be pure even if found to be below the *114percentage of fat required by our statute, or that protein in normal milk sometimes exceeds the…
2Cases cited5 opinions
- Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Muskeget Island Club v. Inhabitants of NantucketMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1910
3Cited by18 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. MakarewiczMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. SheppardMassachusetts Supreme Judicial Court · 1943
- Commonwealth v. CorcoranMassachusetts Supreme Judicial Court · 1925
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