Commonwealth v. Rowell
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, in two counts. The first count alleged that “ Gridley B. Rowell and John A. Lawrence, copartners in trade,” on July 22, 1887, “ did have in their possession a certain quantity, that is to say one pint, of milk not of good standard quality, that is to say milk containing less than thirteen per cent of milk solids, with intent then and there unlawfully to sell the said milk,” The second count alleged that “ Rowell and the…
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Complaint to the Municipal Court of the city of Boston, in two counts. The first count alleged that “ Gridley B. Rowell and John A. Lawrence, copartners in trade,” on July 22, 1887, “ did have in their possession a certain quantity, that is to say one pint, of milk not of good standard quality, that is to say milk containing less than thirteen per cent of milk solids, with intent then and there unlawfully to sell the said milk,” The second count alleged that “ Rowell and the said Lawrence, copartners as aforesaid, did have in their possession a certain quantity, that is to say one pint, of…
1Opinion of the CourtMorton, C. J.
The first count of the complaint charges that “ Gridley B. Rowell and John A. Lawrence, copartners in trade, of said Boston,” had in their possession, with intent to sell it, *130milk not of good standard quality; the second count, upon which alone the defendant Rowell was convicted, charges that “the said Rowell and the said Lawrence, copartners as aforesaid,” had in their possession, with intent .to sell it, milk to which a foreign substance had been added.
The court refused to rule that it was necessary for the government to prove that Rowell and Lawrence were copartners, and the defendant…
2Cases cited1 opinion
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