Commonwealth v. Farren
Massachusetts Supreme Judicial Court
Indictment found in Suffolk county, charging that the defendant “ did unlawfully keep, offer for sale and sell to one Bridget Donegan, for the sum of forty cents, a large quantity, that is to say, eight quarts, of adulterated milk, to which a large quantity, that is to say, four quarts, of water had been added; he the said Farren well knowing said milk so sold to be adulterated, and well knowing that said large quantity of water had been added to said milk.”
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Indictment found in Suffolk county, charging that the defendant “ did unlawfully keep, offer for sale and sell to one Bridget Donegan, for the sum of forty cents, a large quantity, that is to say, eight quarts, of adulterated milk, to which a large quantity, that is to say, four quarts, of water had been added; he the said Farren well knowing said milk so sold to be adulterated, and well knowing that said large quantity of water had been added to said milk.” At the trial in the superior court, before Vose, J., and before the jury were sworn, the defendant moved to quash the indict* ment, for…
1Opinion of the CourtChapman, J.
This indictment is upon St. 1864, c. 122, § 4, which provides, among other things, that “ whoever sells or keeps or offers for sale adulterated milk, or milk to which water or any foreign substance has been added,” shall be punished by a tine as therein specified. The defendant contends that the Commonwealth should have been held to prove on the trial that he committed the offence knowing the milk to be adulterated. But the language of the statute does not require such proof; and it is evident that the legislature did not intend tho* it should do so. The St. of 1863, c. 140, required such…
2Cited by13 opinions
- Staples v. United StatesSupreme Court of the United States · 1994
- Powell v. CommonwealthSupreme Court of Pennsylvania · 1887
- United States v. Robert W. UnserCourt of Appeals for the Tenth Circuit · 1999
- Commonwealth v. PflaumSuperior Court of Pennsylvania · 1912
- Staples v. United StatesSupreme Court of the United States · 1994
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