Commonwealth v. Byrnes
Massachusetts Supreme Judicial Court
Complaint, under the St. of 1891, c. 58, § 1, to the Municipal Court of the Roxbury District of Boston, for exposing for sale oleomargarine in imitation of yellow butter. Trial in the Superior Court, before Thompson, J., who ruled that, upon the evidence, the jury would be authorized to convict the defendant. The jury returned a verdict of guilty; and, at the defendant’s request, the case was reported for the determination of this court.
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Complaint, under the St. of 1891, c. 58, § 1, to the Municipal Court of the Roxbury District of Boston, for exposing for sale oleomargarine in imitation of yellow butter. Trial in the Superior Court, before Thompson, J., who ruled that, upon the evidence, the jury would be authorized to convict the defendant. The jury returned a verdict of guilty; and, at the defendant’s request, the case was reported for the determination of this court. If the ruling was right, the verdict was to stand; otherwise, the verdict was to he set aside. The facts material to the point decided appear in the opinion.
1Opinion of the CourtBarker, J.
The defendant had for sale in his provision store oleomargarine colored in imitation of yellow butter. It was in a closed and covered refrigerator and could not be seen by customers, but there was in the store a sign to the effect that oleomargarine was sold there. Upon the occasion to which the complaint relates none of the substance was sold or produced to view, except that a sample was taken from the refrigerator by an agent of an official inspector. The ease turns upon the meaning of the words “ expose for sale ” in the statute under which the complaint was drawn. St. 1891, c. 58, § 1.…
2Cases cited5 opinions
- Commonwealth v. DolanMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. AtkinsMassachusetts Supreme Judicial Court · 1883
- Collier v. NapierskiMassachusetts Supreme Judicial Court · 1970
- Commonwealth v. HendersonMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. McCueMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. HanaMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. WilkinsMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. ActonMassachusetts Supreme Judicial Court · 1895