No. 4.] REPORT OF DAIRY BUREAU. 257 



in question, although no evidence is offered as to the character of 

 the instrument. (Commonwealth v. Nichols, 10 Allen, 199.) 



At the trial of an indictment on Public Statutes, chapter 57, 

 section 5 (Statute of 18G8, chapter 263), for selling " adulterated 

 milk, there was evidence that the defendant [who was a son of the 

 owner of a milk route] , with a companion who was in the same 

 employment with himself, knowingly adulterated milk on its way 

 for distribution to his father's customers, and then having charge, 

 with his companion, of its distribution from the wagon on which 

 it was conveyed upon the route, caused a can of it to be delivered 

 to one of the customers by the hand of his companion. Held, 

 that he had no ground of exception to instructions to the jury ; 

 that in the absence of proof of any previous contract to supply milk 

 to the customer, the delivery might be deemed an act of sale ; nor 

 to an instruction framed on a supposition that the jury might find 

 that he was in the employment of his father, although there was 

 no averment in the indictment to that effect." (Commonwealth 

 V. Haynes, 107 Mass., 194.) 



A person may be convicted of selling adulterated milk, upon a 

 complaint under Public Statutes, chapter 57, section 5 (Statute 

 of 1880, chapter 209, section 3), without allegation or proof that 

 he knew it to be adulterated. (Commonwealth v. Evans, 133 

 Mass., 11.) 



A complaint, under Public Statutes, chapter 57, section 5, alleg- 

 ing that the defendant, at a time and place named, had in his 

 possession a certain quantity, to wit, one pint of adulterated 

 milk, containing less than. thirteen per cent of milk solids, with 

 intent then and there unlawfully to sell the same, is sufficient, 

 without further alleging that the milk was analyzed and found on 

 analysis to contain less than thirteen per cent of milk solids. At 

 the trial of a complaint, under Public Statutes, chapter 57, section 

 5, alleging that the defendant had in his possession adulterated 

 milk, to wit, milk containing less than thirteen per cent of milk 

 solids, with intent to sell the same, it is immaterial in what man- 

 ner 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. (Commonwealth v. Bowers, 140 Mass., 483.) 



Public Statutes, chapter 57, section 9 (Statute of 1880, chapter 

 209, section 8), providing that "in all prosecutions under this 

 act," for selling adulterated milk, "if the milk shall be shown 

 upon analysis to contain more than eighty-seven per centum of 

 watery fluid, or to contain less tlian thirteen per centum of milk 

 solids, it shall be deemed for the purpose of this act to be 

 adulterated," is constitutional. (Commonwealth v. Evans, 132 

 Mass., 11.) 



