Legal Opinion

State v. Lief

Supreme Court of Missouri

Decided March 18, 1913PublishedCited by 1 opinion

Appeal from St. Louis Court of Criminal Correction. ■ — Hon. Galvin N. Miller, Judge.. (1) The amended information plainly attempts to charg’e two offenses as growing out of a single act.

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Appeal from St. Louis Court of Criminal Correction. ■ — Hon. Galvin N. Miller, Judge.. (1) The amended information plainly attempts to charg’e two offenses as growing out of a single act. The gravamen of each charge in the information is the same in each case, to-wit, having this bottle of soda water in possession with intent to sell, which same act is alleged in the first count to he a crime because its contents were adulterated with this foreign substance, saccharine, while in the second count the same intent is alleged as illegal because the container of the adulterated goods was…

1Opinion of the Court

ROY, C.

The defendant was convicted on both counts of an information, the first count charging him with having in his possession, with intent to sell, a bottle filled with soda water which was adulterated with saccharine, which is alleged to be poisonous and injurious to health. The second count charged him with having in his possession, with intent to sell, a bottle filled with soda water, which bottle was misbranded by having blown thereon the words “Phos-Ferrone M’f’g Co.”

The defendant filed separate motions to quash each of the counts of the information. The only parts of the motion…

2Cases cited3 opinions

  1. Finck v. Schneider Granite Co.Supreme Court of Missouri · 1905
  2. State v. KibbySupreme Court of Missouri · 1842
  3. State v. PiggMissouri Court of Appeals · 1900

3Cited by1 opinion

  1. University City v. RedwineMissouri Court of Appeals · 1964

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