Commonwealth v. Samuel
This text of 19 Mass. 103 (Commonwealth v. Samuel) 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.
Opinion
The defendant was indicted upon St. 1820, c. 45, § 1, which enacts that “ every hawker, peddler, petty chapman, or other person going from town to town &c., carrying to sell, or exposing for sale, any goods &c., shall &c. forfeit &c., provided however, that nothing herein shall prohibit any person from carrying abroad and selling- or exposing for sale &c., any goods &c. of the produce or manufacture of the United States, except ” &c.
The indictment charged the defendant with carrying to sell and exposing for sale goods &c., not being of the produce or manufacture of the United States.1
Here the negative is part of the description of the offence, which brings the case within the reason of Rex v. Rogers, 2 Campb. 654.
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19 Mass. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-samuel-mass-1824.