People v. Hinshaw
Michigan Supreme Court
Exceptions before judgment from Saginaw; Snow, J. Emory H. Hinsbaw was convicted of violating the pure-food law. Respondent was prosecuted and convicted of the unlawful sale of— “Extract of vanilla, which was then and there adulterated, within the meaning of Act No. 193 of the Public Acts of the State of Michigan of the year 1895, as amended by Act No. 118 of the Public Acts of the year 1897, ,in this, to wit, that said extract of vanilla was colored by the addition of a…
Read the full summary
Exceptions before judgment from Saginaw; Snow, J. Emory H. Hinsbaw was convicted of violating the pure-food law. Respondent was prosecuted and convicted of the unlawful sale of— “Extract of vanilla, which was then and there adulterated, within the meaning of Act No. 193 of the Public Acts of the State of Michigan of the year 1895, as amended by Act No. 118 of the Public Acts of the year 1897, ,in this, to wit, that said extract of vanilla was colored by the addition of a foreign coloring matter, to wit, coal-tar dye, whereby its inferiority was concealed, and whereby said extract of vanilla…
1Opinion of the CourtGrant, J.
1. The instruction complained of is as follows :
“Now, before the inferiority of an article can be concealed, it must be necessarily first ascertained as to whether or not there is an inferiority in the article. If it is an inferior article, and that inferiority is concealed by reason of the addition of foreign substance in this vanilla, and you are satisfied from the proof beyond a reasonable doubt of the fact, then the defendant would be guilty, although he had no knowledge as to the foreign substance being in the bottle.”
It appears that no such claim1 was made on behalf of respondent upon…
2Cases cited5 opinions
- Capital City Dairy Co. v. OhioSupreme Court of the United States · 1902
- People v. EzzoMichigan Supreme Court · 1895
- People v. RotterMichigan Supreme Court · 1902
- People v. PhillipsMichigan Supreme Court · 1902
- People v. JenningsMichigan Supreme Court · 1903
3Cited by2 opinions
- People v. ManchesterMichigan Supreme Court · 1926
- People v. YundMichigan Supreme Court · 1910