Commonwealth v. McCann
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1900, by defendant, in suit of Commonwealth of Pennsylvania for use of Levi Wells, Dairy and Food Commissioner of the Commonwealth of Pennsylvania, against Owen McCann, trading and doing business as McCann & Co., from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 271, dismissing exceptions to record of alderman. Opinion by Rice, P. J. Exceptions to judgment of alderman.
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Appeal, No. 119, April T., 1900, by defendant, in suit of Commonwealth of Pennsylvania for use of Levi Wells, Dairy and Food Commissioner of the Commonwealth of Pennsylvania, against Owen McCann, trading and doing business as McCann & Co., from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1899, No. 271, dismissing exceptions to record of alderman. Opinion by Rice, P. J. Exceptions to judgment of alderman. It appears from the record that defendant sold oleomargarine duly marked as such, but that the said article was colored with analyne, not injurious to health, giving the yellow color of…
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellant was adjudged guilty, and a judgment was entered against him by an alderman in a suit for a penalty for selling oleomargarine in imitation of yellow butter contrary to the provisions of the Act of May 5, 1899, P. L. 241. He was legally licensed as provided in that act, and had complied with all the requirements of the act, except that the oleomargarine sold by him was colored yellow by the addition thereto of analyne, a foreign substance but not injurious to health. The only defense he set up on his trial was the unconstitutionality of the act. His…
2Cases cited4 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Powell v. CommonwealthSupreme Court of Pennsylvania · 1887
- Commonwealth v. VandykeSuperior Court of Pennsylvania · 1900
3Cited by5 opinions
- Commonwealth v. SchollenbergerSuperior Court of Pennsylvania · 1901
- Commonwealth v. MelletSuperior Court of Pennsylvania · 1905
- Commonwealth v. PapsoneSuperior Court of Pennsylvania · 1910
- Commonwealth v. McDermottSuperior Court of Pennsylvania · 1908
- Commonwealth v. SeilerSuperior Court of Pennsylvania · 1902