State v. Rogers
Supreme Judicial Court of Maine
On exceptions by defendant. Indictment for selling oleomargarine. The jury returned a verdict of guilty. The defendant moved in arrest of judgment, which being overruled, he took exceptions. The court was requested by the defendant to charge the jury: (1.) That the statute, under which this indictment was brought, is unconstitutional and void.
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On exceptions by defendant. Indictment for selling oleomargarine. The jury returned a verdict of guilty. The defendant moved in arrest of judgment, which being overruled, he took exceptions. The court was requested by the defendant to charge the jury: (1.) That the statute, under which this indictment was brought, is unconstitutional and void. (2.) That, if from the evidence in the case, the jury shall find that the respondent did have oleomargarine in his store and did sell to one Bailey a pound of the same, but that it was so like butter made exclusively from milk or cream, that when he…
1Opinion of the CourtWhitehouse, J.
This was an indictment against the defendant for selling a quantity “ of a certain substance made in imitation of yellow butter, and not made exclusively and wholly of cream or milk, and then and there containing fats, oil and grease not produced from milk or cream.” The indictment was based on section three, of chapter 128 of the revised statutes, entitled “Offenses against the Public Health, Safety and Policy,” as-amended by chapter 297 of the Laws of 1885 and chapter 143 of the Laws of 1895.
That part of the statute involved in a decision of this ease is as follows: “Whoever by himself or…
2Cases cited7 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- People v. . ArensbergNew York Court of Appeals · 1887
- Barnes v. StateSupreme Court of Connecticut · 1849
- State v. AddingtonSupreme Court of Missouri · 1882
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3Cited by16 opinions
- Morris v. GossSupreme Judicial Court of Maine · 1951
- Common Cause v. StateSupreme Judicial Court of Maine · 1983
- People v. SchwartzCalifornia Court of Appeal · 1937
- Jordan v. GainesSupreme Judicial Court of Maine · 1939
- Groff v. StateIndiana Supreme Court · 1908
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