Legal Opinion

State v. Belle Springs Creamery Co.

Supreme Court of Kansas

Decided November 5, 1910No. 17,036PublishedCited by 12 opinions

. Appeal from Saline district court. STATEMENT. This is a prosecution commenced before D. R. Wag-staff, a justice of. the peace of the city of Salina, in Saline county, Kansas, against P. F. Edquist and the -Belle Springs Creamery Company, a corporation. Defendant Edquist filed his motion to quash the amended complaint on February 9, 1910, which motion was by Justice Wagstaff denied. Thereafter trial was had, Edquist was acquitted, and the creamery company was convicted.

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. Appeal from Saline district court. STATEMENT. This is a prosecution commenced before D. R. Wag-staff, a justice of. the peace of the city of Salina, in Saline county, Kansas, against P. F. Edquist and the -Belle Springs Creamery Company, a corporation. Defendant Edquist filed his motion to quash the amended complaint on February 9, 1910, which motion was by Justice Wagstaff denied. Thereafter trial was had, Edquist was acquitted, and the creamery company was convicted. The corporation appealed its case to the district court, and there refiled the motion to quash. The district court…

1Opinion of the Court

*392The opinion of the court was delivered by

Smith, J.:

A number of objections made to the complaint are argued in the briefs together, and are, in substance, that the complaint is not sufficiently definite and certain as to the facts constituting the alleged offense therein charged. It is especially urged that the statute establishes a certain weight for a print or package of butter, and that the complaint does not inform the accused whether it was a print or a package which is alleged to have been sold short of such weight. It is a matter of common knowledge that formerly butter was retailed in…

2Cases cited11 opinions

  1. Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  2. Southern Express Co. v. StateCourt of Appeals of Georgia · 1907
  3. State v. ThompsonSupreme Court of Kansas · 1864
  4. State v. ShermanSupreme Court of Kansas · 1910
  5. City of Kansas v. GarnierSupreme Court of Kansas · 1896

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. LaundyOregon Supreme Court · 1922
  2. Manhattan Oil Co. v. MosbyCourt of Appeals for the Eighth Circuit · 1934
  3. State v. Salisbury Ice & Fuel Co.Supreme Court of North Carolina · 1914
  4. State Ex Rel. Losey v. WillardSupreme Court of Florida · 1951
  5. State v. CECOS International, Inc.Ohio Supreme Court · 1988

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