Commonwealth v. Bowers
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, under the Pub. Sts. c. 57, § 5, alleging that the defendant, on April 9, 1885, at Boston, did have in his “ possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids, with intent then and there .... unlawfully to sell the same.”
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Complaint to the Municipal Court of the city of Boston, under the Pub. Sts. c. 57, § 5, alleging that the defendant, on April 9, 1885, at Boston, did have in his “ possession a certain quantity, to wit, one pint, of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids, with intent then and there .... unlawfully to sell the same.” In the Superior Court, before the jury were empanelled, the defendant moved to quash the complaint, because “it is not alleged therein that the milk was analyzed, and found, on analysis, to contain less than thirteen per cent of milk…
1Opinion of the CourtField, J.
The complaint is in form like that which was held sufficient in Commonwealth v. Keenan, 139 Mass. 193.
The offence charged consists in the defendant’s having in his possession, with intent to sell, milk which contained less than thirteen per cent of milk solids. That this fact is shown by analysis is a matter of proof, but it is not a constituent element of the offence that there was an analysis, and it need not be alleged in the complaint. The motion to quash was rightly overruled.
*485It is immaterial in what manner the quantity of milk solids has been reduced below thirteen per cent, if the…
2Cases cited1 opinion
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1885
3Cited by2 opinions
- American Linseed Oil Co. v. WheatonSouth Dakota Supreme Court · 1910
- Commonwealth v. TobiasMassachusetts Supreme Judicial Court · 1886