Commonwealth v. McDonnell
Massachusetts Supreme Judicial Court
Complaint, under the St. of 1886, c. 317, § 1, charging the defendants with having in their possession, with intent to sell, oleomargarine in a tub not marked as required by that section. In the Superior Court, on appeal, before the jury were impanelled, the defendant renewed a motion, made by him in the district court, to quash the complaint “ because it does not appear by said complaint that the complainant therein is a person authorized by law to institute the same.”
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Complaint, under the St. of 1886, c. 317, § 1, charging the defendants with having in their possession, with intent to sell, oleomargarine in a tub not marked as required by that section. In the Superior Court, on appeal, before the jury were impanelled, the defendant renewed a motion, made by him in the district court, to quash the complaint “ because it does not appear by said complaint that the complainant therein is a person authorized by law to institute the same.” Braley, J. overruled the motion, and the defendant excepted. It appeared from the evidence that the defendants, who were…
1Opinion of the CourtField, C. J.
The exceptions taken at the trial must be sustained, for the reasons given in Commonwealth v. Mills, ante, 405. The only contention made in the argument before this court on the motion to quash the complaint is, that the complaint should have been made by an inspector of milk or by the treasurer of the town in which the offence was committed. We understand the argument to be that the St. of 1886, c. 317, § 1, is an amendment of the Pub. Sts. c. 56, § 17; that § 2 of the St. of 1886, c. 317, is an amendment of the Pub. Sts. c. 56, § 19; that the forfeiture for the offence charged is “ to the…
2Cases cited4 opinions
- Commonwealth v. TobiasMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. CarrollMassachusetts Supreme Judicial Court · 1888
3Cited by3 opinions
- Isenhour v. StateIndiana Supreme Court · 1901
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. MekelburgMassachusetts Supreme Judicial Court · 1920