Steinhardt Bros. v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States' for the Southern District of New York. Criminal prosecution by the United States against Steinhardt Bros. & Co. From a judgment of conviction, defendants bring error.
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In Error to the Circuit Court of the United States' for the Southern District of New York. Criminal prosecution by the United States against Steinhardt Bros. & Co. From a judgment of conviction, defendants bring error. This cause comes here upon a writ of error to review a judgment convicting plaintiffs in error, a corporation, of violation of the provisions of the food and drugs act of June 30, 1906. The offense was the shipment to a person in Massachusetts of a bottle containing a liquid, and bearing a label, which described the contents as “Damiana— Nerve Invigorator,” and did not state…
1Opinion of the Court
LACOMBE, Circuit Judge.
There are three counts. The jury brought in a general verdict of guilty. The act complained of was a single one. The counts presented different phases of it. The sentence was for a single offense. Therefore, if we find that conviction was properly had on any one count, the third, for instance, the sentence was proper, and the judgment should be affirmed.
*799We do not understand that it is contended that the third count is in any way defective, either in form or substance. It charges the shipment of a certain food or drink contained in a bottle, the label of which bore a…
2Cited by5 opinions
- Billy Maurice Ogden v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- United States v. WalshSupreme Court of the United States · 1947
- United States v. MamberDistrict Court, D. Massachusetts · 1955
- United States v. General Electric Co.District Court, S.D. New York · 1941
- United States v. WalshSupreme Court of the United States · 1947