State v. Maurer
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. —Hon. Benj. Klene, Judge. Cause certified to Supreme Court. The information charges no violation of law. In order to charge the offense under section 4835 the information should have alleged a sale, or .offer of sale, of the imitation substitute for butter without packing the same in firkins, tubs or paper packages with the true name of said imitation substitute clearly and indelibly branded, marked .or labeled thereon.
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Appeal from St. Louis Court of Criminal Correction. —Hon. Benj. Klene, Judge. Cause certified to Supreme Court. The information charges no violation of law. In order to charge the offense under section 4835 the information should have alleged a sale, or .offer of sale, of the imitation substitute for butter without packing the same in firkins, tubs or paper packages with the true name of said imitation substitute clearly and indelibly branded, marked .or labeled thereon. It is fundamental that an indictment or information predicated upon the provisions of a statute must charge the offense in…
1Dissent
•DISSENTING OPINION.
REYNOLDS, P. J.
The assistant prosecuting attorney of the city of St. Louis, on the 22nd of October, 1909, filed an information in the court of criminal correction of that city, against'the defendant, appellant here, in which it is charged that the defendant, in the city ,of St. Louis and on the 15th of October, 1909, “did, by a clerk, at No. 8 South Jefferson avenue in the city of St. Louis and State of Missouri, unlawfully sell and offer for sale, a substance designed to be used as a substitute for butter, to-wit, oleomargarine, under the name and under the pretense that…
2Cases cited7 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. BakerSupreme Court of Missouri · 1880
- State v. WilkersonSupreme Court of Missouri · 1902
- State v. EdgenSupreme Court of Missouri · 1904
- State v. McCanceSupreme Court of Missouri · 1892
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