Commonwealth v. Titcomb
Massachusetts Supreme Judicial Court
Complaint, subscribed and sworn to in the Municipal Court of the Roxbury District of the City of Boston on December 8, 1916, under R. L. c. 56, § 57, as amended by St. 1910, c. 641, §§ 1, 2, charging that the defendant on August 11, “at Boston . . . within the judicial district of said court . . . did have in his custody milk • not of good standard quality, that is to say, milk containing less than twelve and fifteen hundredths per cent of milk solids, with, intent then and…
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Complaint, subscribed and sworn to in the Municipal Court of the Roxbury District of the City of Boston on December 8, 1916, under R. L. c. 56, § 57, as amended by St. 1910, c. 641, §§ 1, 2, charging that the defendant on August 11, “at Boston . . . within the judicial district of said court . . . did have in his custody milk • not of good standard quality, that is to say, milk containing less than twelve and fifteen hundredths per cent of milk solids, with, intent then and there unlawfully to sell the said milk within this Commonwealth,” and also at the same time and place “did have in his…
1Opinion of the CourtRugg, C. J.
The issue presented in this case is the constitutionality of R. L. c. 56, §§57 and 62, as amended by St. 1910, c. 641, §§ 1 and 2. Section 57 in substance imposes a penalty upon every person who, by himself, his servant or agent, or as the servant or agent of another, sells, exchanges or delivers, or has in his possession with intent to sell or deliver milk “which is not of good standard quality,” a standard established by §§ 55 and 56 of the same chapter as amended by St. 1908, c. 643, (see now St. 1917, c. 189,) and not now questioned. Commonwealth v. Wheeler, 205 Mass. 384. Section 62, as…
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