Public-domain · open source
OpenJurist

97 Mass. 567

Commonwealth v. Raymond

Massachusetts Supreme Judicial Court

Decided November 15, 1867

Massachusetts Supreme Judicial Court · decided 1867-11-15

Indictment under the St. of 1866, c. 253, § 1* charging that the defendant, at Groton, on April 10, 1867, “ knowingly, wilfully and maliciously did ■ kill a certain calf, the said calf being then and there less than four weeks old, with intent then and there the meat of said calf to sell,” the defendant “ then and there well knowing that said calf he as aforesaid killed was then and there less than four weeks old.” At the trial in the superior court, before Ames, C. J., the…

Key passage — most relied on by later courts

““The defendant is charged with an offense under the first clause of section 1, c. 253, St. 1806, by which it is made punishable to kill a calf less than four weeks old for the purpose of sale. It was not necessary to allege in the indictment that he knew the calf to be less than four weeks old. Under this clause, as under the laws against the sale of intoxicating liquor or adulterated milk, and many police, health, and revenue regulations, the defendant is bound to know the facts and obey the law at his peril. Such is the general rule where acts which aro not mala in se are made mala prohibita from motives of public policy, and not because of their moral turpitude or the criminal intent with which they are committed.””

quoted by 1 later decision, including Eagle v. Nowlin

Good law ✅— No negative treatment on recordhow we know

Decided 1867-11-15

How this case has been cited

Cited by 35 later decisions (1 by the Supreme Court) — most recently October 2011 · most notably Staples v. United States (1994), Commonwealth v. Mixer (1910)

5 federal appellate · 1 district · 27 state decisions — followed in 13 states

1001867187018801890190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Foster, J.

¶1The defendant is charged with an offence under the first clause of § 1 of St. 1866, c. 253, by which it is made *569punishable to kill a calf less than four weeks old “ for the purpose of sale.” It was not necessary to allege in the indictment that he knew the calf to be less than four weeks old. Under this clause, as under the laws against the sale of intoxicating liquor or adulterated milk, and many other police, health and revenue regulations, the defendant is bound to know the facts and obey the law, at his peril. Such is the general rule where acts which are not mala in se are made mala prohibiia from motives of public policy, and not because of their moral turpitude or the criminal intent with which they are committed. 8 Greenl. Ev. § 21. Commonwealth v. Boynton, 2 Allen, 160. Commonwealth v. Barren, 9 Allen, 489. Commonwealth v. Waite, 11 Allen, 264.

¶2Under the next clause of the same section, the offence is not the killing of the calf, but knowingly ” selling, or having in possession with intent to sell, the meat of a calf killed when less than four weeks old; and this language makes the defendant’s knowledge essential to be alleged and proved. The legislature saw fit to make the man who kills or causes to be killed a calf for the purposes of sale, at all events punishable, if the animal was less than four weeks old, but to punish the man who sells veal, only in case he knows it to have been killed when under four weeks old.

¶3The words of the indictment charge that the defendant killed the calf at Groton, “ with the intent then and there the meat of said calf to sell, he the said Benjamin Raymond then and there well knowing that said calf he as aforesaid killed was then and there less than four weeks old.” This language seems sufficiently to allege the defendant’s knowledge, if it were necessary to do so.

¶4Nor was it material to allege or prove the use which the purchaser intended to make of the veal. The legislature has seen fit to prohibit altogether the killing for sale of calves under four weeks old, because the ordinary results of such a traffic are injurious to the public health. If we were of a different opinion, We should still think this a matter of defence, and that the offence is well enough described by using words substantially the same with those which the legislature has employed. The *570cases are few and exceptional in which an indictment which does this will be held to be insufficient.

¶5It also alleges an intent to sell within this Commonwealth, to wit, at Groton. Besides, neither the words nor the purposes of the statute indicate that the legislature intended to limit the protection of the public health to the inhabitants of Massachusetts, and to permit an injurious traffic with the rest of mankind. The language used, “ with the intent to sell,” we regard as ex-„ actly equivalent to the language of the statute, “ for the purpose of sale.” With an intent ” and “ for a purpose ” are expressions almost absolutely identical in meaning. Under the liquor law, in Gen. Sts. c. 86, §§ 42, 49, they are so used. If the defendant killed the calf with the intent to sell its meat, he did it in part at least for that purpose, whatever other purposes or intentions may have existed in his mind.

¶6Exceptions overruled.

/97/mass/567 · .json · Public domain