Commonwealth v. Young
Massachusetts Supreme Judicial Court
Complaint, under Pub. Sts. c. 91, § 84, as amended by St. 1887, c. 314, § 1, to the Municipal Court of the City of Boston, alleging that the defendant, on March 11, 1895, had in his possession seventy-four lobsters each “ less than ten and one half inches in length, measuring from the extremity of the bone projecting from the head to the end of the bone of the middle flipper of the tail of each of the said lobsters extended on its back its natural length.”
Read the full summary
Complaint, under Pub. Sts. c. 91, § 84, as amended by St. 1887, c. 314, § 1, to the Municipal Court of the City of Boston, alleging that the defendant, on March 11, 1895, had in his possession seventy-four lobsters each “ less than ten and one half inches in length, measuring from the extremity of the bone projecting from the head to the end of the bone of the middle flipper of the tail of each of the said lobsters extended on its back its natural length.” At the trial in the Superior Court, before Fessenden, J., the case was submitted to the jury upon the following agreed statement of facts.…
1Opinion of the CourtAllen, J.
This case was submitted to the jury upon a written statement of facts, which were admitted to be true, and upon which the defendant asked the court to rule that he could not be convicted. This ruling was rightly refused. The defendant now contends that “ the location of the packages, under the strict construction and presumption of which the court will give the defendant the benefit, shows no more than temporary custody of another’s property.” But the jury might draw the same *398inferences that might have been drawn if the Commonwealth had introduced evidence to prove exactly the same facts…
2Cases cited1 opinion
- Commonwealth v. SavageMassachusetts Supreme Judicial Court · 1892
3Cited by2 opinions
- Commonwealth v. HodgkinsMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. WorthMassachusetts Supreme Judicial Court · 1939