Commonwealth v. Savage
Massachusetts Supreme Judicial Court
Indictment, on the St. of 1887, c. 314, § 1, against the defendant, for having in his possession on February 19, 1891, certain lobsters less than ten and one half inches in length.
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Indictment, on the St. of 1887, c. 314, § 1, against the defendant, for having in his possession on February 19, 1891, certain lobsters less than ten and one half inches in length. At the trial in 'the Superior Court, before Braley, J., it appeared in evidence that the defendant was a wholesale lobster- dealer in Boston; that shortly before February 19, 1891, he bought and received in Boston a large number of lobsters, caught in and sent from the British Provinces; that soon after the delivery of the lobsters at his place of business near tidewater in Boston, on or about the last named date,…
1Opinion of the CourtMorton, J.
In Commonwealth v. Hall, 128 Mass. 410, it was decided, in a complaint based upon St. 1879, c. 209, § 1, that under the language of that statute the partridge, woodcock, or quail the taking or killing of which was made penal, and the possession of which was made prima facie evidence to convict, meant partridge, woodcock, or quail killed or taken in this State. In the present case there is no such language in the statute on which the complaint is based as in that on whicli the complaint in Commonwealth v. Hall was brought. The language of the St. of 1887, § 1, is unqualified: “Whoever sells or…
2Cases cited3 opinions
- Phelps v. . RaceyNew York Court of Appeals · 1875
- Commonwealth v. HallMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. BarberMassachusetts Supreme Judicial Court · 1887
3Cited by18 opinions
- People Ex Rel. Hill v. . HesterbergNew York Court of Appeals · 1906
- State v. SchumanOregon Supreme Court · 1899
- United States v. ShauverDistrict Court, E.D. Arkansas · 1914
- People v. DornbosMichigan Supreme Court · 1901
- People v. LassenMichigan Supreme Court · 1906
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