Massachusetts Supreme Judicial Court, 1886

Commonwealth v. Bowers

Massachusetts Supreme Judicial Court · Decided January 8, 1886 · Field

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

Cases that cite this one

1 later published case cites this decision.

American Linseed Oil Co. v. Wheaton (S.D. 1910)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.