Brina v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Guido Brina ‘was convicted of a criminal offense, and he brings error. This cause comes here on writ of error from a judgment of the Circuit Court, Southern district of New York, imposing a fine of $100 entered on verdict of a jury finding defendant guilty of a violation of the food and drug act of June 30, 1906, c. 3915, 34 Stat. 768 (U. S. Comp.
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In Error to the Circuit Court of the United States for the Southern District of New York. Guido Brina ‘was convicted of a criminal offense, and he brings error. This cause comes here on writ of error from a judgment of the Circuit Court, Southern district of New York, imposing a fine of $100 entered on verdict of a jury finding defendant guilty of a violation of the food and drug act of June 30, 1906, c. 3915, 34 Stat. 768 (U. S. Comp. St. Supp. 1909, p. 1187). The offense charged was the shipment from New York City to Newark, N. J., of cotton seed oil contained in cans labeled (the Italian…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). The section declared on (section 2) imposes a penalty on “any person who shall ship or deliver for shipment from any state * * * to any other state * * * any article of food or drug so * * * misbranded.” It was proved that the words “Olio per Insalata” mean “oil for salad” or “salad oil” and the trial judge held, and so charged the jury, that “as a notorious fact salad oil prima facie means olive oil,” but allowed the defendant to show if he could that “it means something else because of recent events which have perhaps rendered olive oil more difficult to…
2Cited by5 opinions
- Gregory v. HeckeCalifornia Court of Appeal · 1925
- Von Bremen v. United StatesCourt of Appeals for the Second Circuit · 1912
- United States v. 150 Cases of Fruit PuddineDistrict Court, D. Massachusetts · 1914
- Ninety-Five Barrels v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- United States v. Seventy-Five Boxes of Alleged PepperDistrict Court, D. New Jersey · 1912