Commonwealth v. Melville
Massachusetts Supreme Judicial Court
Complaint, to the Municipal Court of the City of Boston, alleging that the defendant retailed, compounded for sale, and dispensed for medicinal purposes drugs, etc., not being registered as a pharmacist according to law. The defendant moved to quash the complaint for alleged formal defects apparent on the face of the record. The motion was overruled; and the defendant appealed to the Superior Court.
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Complaint, to the Municipal Court of the City of Boston, alleging that the defendant retailed, compounded for sale, and dispensed for medicinal purposes drugs, etc., not being registered as a pharmacist according to law. The defendant moved to quash the complaint for alleged formal defects apparent on the face of the record. The motion was overruled; and the defendant appealed to the Superior Court. The record recited that, the complaint having been duly entered in the .Superior Court, the defendant was defaulted; that he made an oral motion to take off the default, which was disallowed; that…
1Opinion of the CourtHolmes, J.
By St. 1885, c. 313, a board of registration in pharmacy was established, and it was provided by § 3 how existing dealers should be registered. Other persons might be examined, and might be registered as pharmacists if found qualified. § 4. By § 9, “ whoever, not being registered as aforesaid, shall... retail, compound for sale, or dispense for medicinal purposes, drugs, medicines, chemicals, or poisons, shall be punished by a fine not exceeding fifty dollars.” After existing dealers had been given an opportunity to be registered as such for about two years, the right was withdrawn by St.…
2Cases cited5 opinions
- Commonwealth v. DunleayMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. McCormackMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. KendallMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. Le ClairMassachusetts Supreme Judicial Court · 1888
3Cited by4 opinions
- Santee Mills v. QuerySupreme Court of South Carolina · 1922
- Advisory Board v. State ex rel. SmithIndiana Supreme Court · 1908
- Lyles v. McCownSupreme Court of South Carolina · 1909
- Commonwealth v. MonahanMassachusetts Supreme Judicial Court · 1898