Commonwealth v. Barber
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, alleging that the defendant,- on September 15, 1886, at Boston, “ had in his possession twenty lobsters, which said lobsters were each then and there less than ten and one half inches in length, measuring from one extreme of the body thereof extended to the other extreme of said body, exclusive of the claws and feelers of said lobster.”
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Complaint to the Municipal Court of the city of Boston, alleging that the defendant,- on September 15, 1886, at Boston, “ had in his possession twenty lobsters, which said lobsters were each then and there less than ten and one half inches in length, measuring from one extreme of the body thereof extended to the other extreme of said body, exclusive of the claws and feelers of said lobster.” In the Superior Court, on appeal, before the jury were empanelled, the defendant moved to quash the complaint, for the following reason: “ Because no offence is therein described with reasonable or…
1Opinion of the CourtDevens, J.
This is a complaint under the Pub. Sts. e. 91, § 84, as amended by the St. of 1884, c. 212, § 1. The original section imposing a penalty upon one for selling or offering for sale, or having in his possession “ with intent to sell, either directly or indirectly,” a lobster of less than a prescribed size, was amended by striking out the words “ with intent to sell, either directly or indirectly.” As thus amended, it reads as follows: “ Whoever sells or offers for sale, or has in his possession, a lobster less than ten and one half inches in length, measuring from one extreme of the body…
2Cases cited2 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1880
3Cited by9 opinions
- Meunier's CaseMassachusetts Supreme Judicial Court · 1946
- State v. ClarkNew Mexico Supreme Court · 1969
- Commonwealth v. AnselvichMassachusetts Supreme Judicial Court · 1904
- State v. LapointeSupreme Court of New Hampshire · 1924
- Commonwealth v. SavageMassachusetts Supreme Judicial Court · 1892
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