New England Reporter Volume 1

New England Reporter Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...of milk solids, because the words "to which milk water had been added" were descriptive of the milk and identified the charge. It was assumed without deciding, and it has since been decided, that natural milk which contains less than 13 per cent of milk solids is adulterated milk, within the meaning of Stat. 1880, ch. 209, S 3 and 7, which is now P. S., ch. 57, 5 and 9. The court say that " The question is not whether it was originally necessary to insert all these words but whether, having been added, they are so essentially descriptive as to be required to lie proved. We think the words of the specification in the complaint in the case at bar, although said under a videlicet, are descriptive of the milk and identify the offense charged; and that this complaint could not be maintained by a proof of a sale of watered milk if the milk as watered contained more than 13 per cent of milk solids. The offense of selling adulterated milk can be committed in several different ways, namely: by selling milk to which water or anv foreign substance has been added, or milk from cows fed on the refuse of distilleries, or from sick or diseased cows, whether the milk contains more or less than 13 per cent of milk solids. As this complaint has set out the method by which the offense was committed, it must be proved as charged. If, then, the defendant proved that he sold the milk as skimmed milk out of a tank duly marked, it was a sufficient answer to the offense as charged. It was not competent for the Government to rely upon evidence that the milk had been watered, because it had not charged him with selling watered milk; and whether the milk was watered or not was immaterial in proving the offense as charged. The defendant is found...
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Product details

  • Paperback | 1044 pages
  • 189 x 246 x 52mm | 1,823g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236541626
  • 9781236541628