Commonwealth v. Kendall
Massachusetts Supreme Judicial Court
Complaint on the St. of 1885, e. 352, § 8, to the Municipal Court of the city of Boston, alleging that the defendant, on October 13, 1886, had in his possession one pint of skimmed milk, containing less than nine and three tenths per cent of milk solids, exclusive of fat, with intent unlawfully to sell the same.
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Complaint on the St. of 1885, e. 352, § 8, to the Municipal Court of the city of Boston, alleging that the defendant, on October 13, 1886, had in his possession one pint of skimmed milk, containing less than nine and three tenths per cent of milk solids, exclusive of fat, with intent unlawfully to sell the same. In the Superior Court, on appeal, before the jury were empanelled, the defendant renewed a motion, which was made and overruled in the Municipal Court, to quash the complaint, for the following reasons : 1. Because the law provides no penalty for the offence alleged therein. Section 5…
1Opinion of the CourtDevens, J.
The contention of the defendant is, that, as the complaint in the case at bar was brought under the St. of 1885, c. 352, § 8, the penalty for the offences described in which was provided for by reference to the Pub. Sts. c. 57, § 5, and further, that, as at the time of the alleged offence § 5 of the Pub. Sts. c. 57 had been repealed, by substitution, by § 2 of the St. of 1886, o. 318, there was, therefore, no offence for which any legal penalty had been provided, and thus that no prosecution could be maintained. Commonwealth v. Kenneson, 143 Mass. 418. Commonwealth v. Kelliher, 12 Allen, 480.
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2Cases cited1 opinion
- Commonwealth v. KennesonMassachusetts Supreme Judicial Court · 1887
3Cited by8 opinions
- Gaston v. LamkinSupreme Court of Missouri · 1893
- Legat v. AdornoSupreme Court of Connecticut · 1951
- Simmons v. StateSupreme Court of Connecticut · 1971
- Crohn v. Kansas City Home Telephone Co.Missouri Court of Appeals · 1908
- Mulcahey v. GivensIndiana Supreme Court · 1888
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