Commonwealth v. Mullen
Massachusetts Supreme Judicial Court
Complaint to the police court of Chelsea, alleging that the defendant “ did have in his possession, with intent to sell, a certain quantity, to wit: one pound of a certain product commonly called oleomargarine, made partly out of oleaginous substance not produced from unadulterated milk or cream from the same, and that said product, in his possession, as aforesaid, was then and there, in imitation of yellow butter, produced from pure unadulterated milk or cream of the same.”
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Complaint to the police court of Chelsea, alleging that the defendant “ did have in his possession, with intent to sell, a certain quantity, to wit: one pound of a certain product commonly called oleomargarine, made partly out of oleaginous substance not produced from unadulterated milk or cream from the same, and that said product, in his possession, as aforesaid, was then and there, in imitation of yellow butter, produced from pure unadulterated milk or cream of the same.” The defendant was found guilty, and appealed to the Superior Court. At the trial, before Sheldon, J., who overruled a…
1Opinion of the CourtHolmes, C. J.
This is a complaint under St. 1891, c. 58, (amended by St. 1896, c. 377, § 1,) for having in possession with intent to sell oleomargarine which was in imitation of yellow butter produced from unadulterated milk or cream. The case is here on appeal from an order overruling a motion to quash, and on exceptions to the same order, (see Commonwealth v. Dunleay, 157 Mass. 386, 388, and Commonwealth v. McGovern, 10 Allen, 193,) and to a refusal to rule that the complaint could not be sustained on the evidence.
The first objection to the complaint is that it does not allege that the complainant was an…
2Cases cited5 opinions
- Commonwealth v. DunleayMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. TobiasMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. AldenMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1888
3Cited by1 opinion
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974