State v. Hammond Packing Co.
Supreme Court of Minnesota
Defendant was convicted in the municipal court of Minneapolis, Waite, J., of unlawfully selling to one H. S. Toy oleomargarine made and colored to imitate yellow butter. From the judgment of conviction, defendant appealed.
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Defendant was convicted in the municipal court of Minneapolis, Waite, J., of unlawfully selling to one H. S. Toy oleomargarine made and colored to imitate yellow butter. From the judgment of conviction, defendant appealed. The appellant cannot be convicted except upon this hypothesis: That there exists a valid legislative prohibition upon the manufacture and sale of a certain wholesome food product for the reason that it resembles a particular grade of another food product, the resemblance being wholly unintentional as well as a necessary consequence of its manufacture from essential…
1Opinion of the CourtJaggard, J.
Complaint was filed against the defendant for violation of the following sections of the state dairy and food laws: Section 1753, R. E. 1905, provides: “The manufacture or sale of oleomargarine, butter-ine, or similarly constituted butter substitute, which is made or colored to imitate yellow butter is prohibited. Every violation of the provision of this section shall be deemed a misdemeanor, the punishment whereof shall be a fine of not less than fifty dollars or imprisonment for not less than sixty days.” Section 1754 provides that each wrapper or receptacle in which a butter substitute…
2Cases cited21 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Lochner v. New YorkSupreme Court of the United States · 1905
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- People v. . GillsonNew York Court of Appeals · 1888
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3Cited by3 opinions
- State ex rel. Young v. Standard Oil Co.Supreme Court of Minnesota · 1910
- State v. HansonSupreme Court of Minnesota · 1912
- State v. HansonSupreme Court of Minnesota · 1912