Commonwealth v. Keenan
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, on the Pub. Sts. e. 57, § 5, alleging that the defendant, on July 12, 1884, at Boston, had in his possession one pint of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids, with intent to sell the same.
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Complaint to the Municipal Court of the city of Boston, on the Pub. Sts. e. 57, § 5, alleging that the defendant, on July 12, 1884, at Boston, had in his possession one pint of adulterated milk, to wit, milk containing less than thirteen per cent of milk solids, with intent to sell the same. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: There were only two issues presented for the consideration of the jury: first, as to whether or not the milk in question contained less than thirteen per cent of solids or more than eighty-seven per…
1Opinion of the CourtField, J.
The motion for a new trial was addressed to the discretion of the Superior Court, unless, upon the admitted facts, the defendant was entitled, as matter of law, to a new trial. Nichols v. Nichols, 136 Mass. 256.
By the words “ a copy of the judgment,” in the Pub. Sts. c. 154, § 61, is meant such a copy of the record as includes the substance of the complaint, and the judgment entered on it; a copy of the judgment without the substance of the charge would be unintelligible. An attested copy of the complaint was properly allowed to go to the jury. It seems that it is the practice to send up a…
2Cases cited3 opinions
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. NashMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. CrawfordMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- Commonwealth v. TateMassachusetts Supreme Judicial Court · 1901