Commonwealth v. Keenan
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, under the Pub. Sts. c. 57, § 5, alleging that the defendant, at a time and place named, did have in his “ custody and possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk then and there containing less than thirteen per cent of milk solids, with intent then and there unlawfully to sell the same.”
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Complaint to the Municipal Court of the city of Boston, under the Pub. Sts. c. 57, § 5, alleging that the defendant, at a time and place named, did have in his “ custody and possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk then and there containing less than thirteen per cent of milk solids, with intent then and there unlawfully to sell the same.” In the Municipal Court, the defendant seasonably filed a motion to quash the complaint, assigning the following grounds therefor: “ 1. It does not appear, in and by said complaint, in what manner, and by what means,…
1Opinion of the CourtMorton, C. J.
The statute provides that no person shall ■.sell, or have in his possession with intent to sell, “ adulterated milk, or milk to which water or any foreign substance has been added, or milk produced from cows fed on the refuse of distilleries, or from sick or diseased cows.” Pub. Sts. e. 57, § 5.
Section 9 provides that, “ in all prosecutions under this chapter, if the milk is shown upon analysis to contain more than eighty-seven per cent of watery fluid, or to contain less than thirteen per cent of milk solids, it shall be deemed for the purposes of this chapter to be adulterated.”
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2Cases cited2 opinions
- Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. LuscombMassachusetts Supreme Judicial Court · 1880
3Cited by13 opinions
- Rice v. AmesSupreme Court of the United States · 1901
- Gaynor's CaseMassachusetts Supreme Judicial Court · 1914
- Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
- Eastern Massachusetts Street Railway Co. v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1966
- Commonwealth v. WheelerMassachusetts Supreme Judicial Court · 1910
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