State v. Labatut

Tlie opinion of the Court was delivered by

Pociib, J.

Defendant appeals from the sentence of the Recorder’s Court of the Second District of the city of New Orleans, condemning him to a fine of $25 or, in default of payment, to imprisonment of thirty days, for the violation of a city ordinance against the selling of adullerated milk.

Tiis ground of resistance is the alleged illegalli'ty and unconstitutionalily of the ordinance, and it presents the point that the same offense is made a misdemeanor under a State, law, namely, Act No. 82 of the Legislature of 1882, and that the effect of the statute…