Legal Opinion

Essex v. State

Wisconsin Supreme Court

Decided January 13, 1920PublishedCited by 2 opinions

Error to review a judgment of the superior court of Dane county: August C. Hoppmann, Judge. Plaintiff in error, hereinafter designated as the defendant, was found guilty of violating sec. 4607c; Stats. 1917, prohibiting the sale of oleomargarine which shall be in imitation of yellow butter, and prosecutes this proceeding to review the judgment of the superior court of Dane county.

1Opinion of the CourtRosenberry, J.

Two principal questions are presented: Did the court err in refusing to instruct the jury that sec. 4607c, Stats., is intended to prohibit the sale of oleomargarine made in intentional or conscious imitation of yellow butter, and that it is not intended to prohibit and does not prohibit the sale of oleomargarine not so made ? and second, Did the court err in refusing to instruct the jury, as requested, that sec. 4607c did not prohibit the sale of oleomargarine of yellowish tinge or color, but not of that shade of yellow which is found in natural butter which is commonly and ordinarily…

2Cases cited5 opinions

  1. Dillon v. StateWisconsin Supreme Court · 1909
  2. State v. BreseeSupreme Court of Iowa · 1907
  3. Koscak v. StateWisconsin Supreme Court · 1915
  4. Meyer v. StateWisconsin Supreme Court · 1908
  5. Giskie v. StateWisconsin Supreme Court · 1888

3Cited by2 opinions

  1. John F. Jelke Co. v. EmeryWisconsin Supreme Court · 1927
  2. Glasheen v. StateWisconsin Supreme Court · 1925

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