Novakovitch v. State

CHRISTIAN, Judge. —

The conviction is for “untrue advertising,” the punishment being a fine of two hundred dollars.

The prosecution was under article 1554, P. C. (1925) which, so far as applicable here, reads as follows: “Whoever with intent to sell * * * merchandise * * * which he owns or of which he has control * * * to the public, * * * makes, publishes * * * circulates * * * in a newspaper, or * * * circular * * * an advertisement of any sort regarding merchandise, as to its character or cost, * * * which advertisement contains any assertion, representation or statement of fact.which is…