Commonwealth v. Evans

This is a. complaint under the St. of 1880, c. 209. It alleges that the defendant did “ unlawfully sell to one Patrick Scannell, of Boston, for the sum of thirty-five cents, a quantity, that is to say, eight quarts, of adulterated milk; that is to say, a certain quantity, to wit, six quarts and one pint of milk, to which a certain quantity, that is to say, three pints of water, had been added.” The second count charges possession, with intent to sell, of milk adulterated in the same manner.

At the trial, the defendant asked the court to rule that the government was bound to allege and prove…