Commonwealth v. Schaffner
Massachusetts Supreme Judicial Court
Indictment on the St. of 1886, c. 318, § 2, alleging that “the jurors for the Commonwealth of Massachusetts, on their oath present, that John V. Schaffner, of Boston aforesaid, on the fifteenth day of May, in the year of our Lord one thousand eight hundred and eighty-seven, at Boston aforesaid, unlawfully did have in his possession' milk to. which a certain foreign substance had been added, to wit, annatto coloring matter, a further description of which said jurors cannot…
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Indictment on the St. of 1886, c. 318, § 2, alleging that “the jurors for the Commonwealth of Massachusetts, on their oath present, that John V. Schaffner, of Boston aforesaid, on the fifteenth day of May, in the year of our Lord one thousand eight hundred and eighty-seven, at Boston aforesaid, unlawfully did have in his possession' milk to. which a certain foreign substance had been added, to wit, annatto coloring matter, a further description of which said jurors cannot give, with intent then and there unlawfully to sell the said milk within this Commonwealth.” In the Superior Court, after…
1Opinion of the CourtC. Allen, J.
1. The motion to quash was filed too late, so far as any informalities in the indictment are concerned; nor does it set forth specifically the objections relied on in the first cause assigned. Pub. Sts. c. 214, § 25. Commonwealth v. Fitchburg Railroad, 126 Mass. 472. Commonwealth v. Murray, 135 Mass. 530. The second cause assigned in the motion to quash was not relied on in the argument.
2. The objection that, apart from mere informality, the indictment does not set forth an offence known to the law, cannot be sustained. The St. of 1886, c. 318, § 2, includes as an offence, and makes…
2Cases cited8 opinions
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
- The People v. . IrvingNew York Court of Appeals · 1884
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. BohannonMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. LaVelleMassachusetts Supreme Judicial Court · 1993
- Jennings v. RooneyMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
31 more not listed; retrieve them via the Exa API.