Commonwealth v. Bowers

Massachusetts Supreme Judicial Court

Commonwealth v. Bowers

5 N.E. 469, 140 Mass. 483, 1886 Mass. LEXIS 78

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 8, 1886

StatusPublished

Cited by2 cases

This text of 5 N.E. 469 (Commonwealth v. Bowers) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Bowers, 5 N.E. 469, 140 Mass. 483, 1886 Mass. LEXIS 78 (Mass. 1886).

Pincite

Opinion

Field, 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.

[485]*485It is immaterial in what manner the quantity of milk solids has been reduced below thirteen per cent, if the intent is to sell the milk as pure milk, and not as skimmed milk. Pub. Sts. c. 57, §§ 6, 7. The instruction requested was rightly refused.

Exceptions overruled.

Free access — add to your briefcase to read the full text and ask questions with AI