Quaternick v. State

MORROW, Judge.

—The conviction is for selling and exposing for sale adulterated milk, the adulteration consisting in adding water to the milk. The statute defining the offense is article 706, P. C., declaring it unlawful for any person to sell or expose for sale adulterated or impure milk. The article contains a proviso, stating that “skimmed milk” may be sold if on the can or package from which it is taken the words “skimmed milk” are painted.

Appellant attacks the sufficiency of the information upon the ground that there is no negative allegation showing that the sale was not a sale of…