State v. Swift & Co.

— The defendants were charged under section 651, Eevised Statutes 1909, with having offered for sale or kept on hand a colored substance composed of animal fat or vegetable oil in imitation of butter. This offense -is denounced as a misdemeanor. [Sec. 658, E. S. 1909.] Upon a trial defendants were found guilty and their punishment assessed at a fine of $50. They thereupon perfected an appeal to this court. The appellate jurisdiction of this court is invoked on the ground that a constitutional question is involved, although the record prior to the filing of the motion in arrest of judgment…