Legal Opinion

State v. Gruber

Supreme Court of Minnesota

Decided December 8, 1911No. Nos. 17,435—(6)Published

Complaint in the municipal court of St. Paul that defendant had sold confectionery in that city which contained coal-tar dye, contrary to the Minnesota statute. Defendant pleaded not guilty. ■ The facts were stipulated.

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Complaint in the municipal court of St. Paul that defendant had sold confectionery in that city which contained coal-tar dye, contrary to the Minnesota statute. Defendant pleaded not guilty. ■ The facts were stipulated. No other evidence being offered, defendant’s motion for dismissal was denied, and defendant was found guilty as charged in the complaint, Einehout, J. He was sentenced to pay a fine of $100. Erom the judgment of guilty and sentence to pay $100, defendant appealed.

1Opinion of the CourtBunn, J.

This is an appeal from a judgment of the municipal court of St. Paul adjudging defendant guilty of wrongfully, unlawfully, and: wilfully selling to Mrs. E. B. Superior, in St. Paul, confectionery which contained coal-tar dye, in violation of section 1767, E. L„ 1905. This statute is as follows:

“No person shall manufacture or sell adulterated confectionery;; and confectionery shall be deemed adulterated if it contain terra-, alba, barytes, talc, coal-tar dye, or any other poisonous or injurious coloring matter, or any poisonous or injurious flavoring matter, or-any substance injurious to…

2Cases cited3 opinions

  1. Strassheim v. DailySupreme Court of the United States · 1911
  2. State v. GessertSupreme Court of Minnesota · 1875
  3. Bollinger v. WilsonSupreme Court of Minnesota · 1899

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