State v. Maurer
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) The information charges no violation of law. In order to charge the offense under section 4835, the information should have alleged a sale, or offer of sale, of the imitation substitute for butter without packing the same in firkins, tubs or paper packages, with the true name of said imitation substitute clearly and Indelibly branded, marked or labeled tbereon.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Benjamin J. Klene, Judge. (1) The information charges no violation of law. In order to charge the offense under section 4835, the information should have alleged a sale, or offer of sale, of the imitation substitute for butter without packing the same in firkins, tubs or paper packages, with the true name of said imitation substitute clearly and Indelibly branded, marked or labeled tbereon. It is fundamental that an indictment or information predicated upon the provisions of a statute must charge the offense in the language of the…
1Opinion of the CourtWalker, P. J.
Appellants were prosecuted in the court of criminal correction, in the city of St. Louis, upon separate informations charging them with *159violations of section 657, Revised Statutes 1909 (originally enacted as Sec. 6, Laws 1895, p. 26), in having sold oleomargarine under the pretense that the same was butter. A,side from, formal matters and that the defendants in the Maurer and Surkamp cases made the sales by clerks, the informations are identical in alleging that the defendant “did unlawfully sell and offer for sale a substance designed to be used as a substitute for butter, to-wit,…
2Cases cited23 opinions
- Swearingen v. United StatesSupreme Court of the United States · 1896
- Isenhour v. StateIndiana Supreme Court · 1901
- State v. BockstruckSupreme Court of Missouri · 1896
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Butler v. Marshall ChambersSupreme Court of Minnesota · 1886
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3Cited by13 opinions
- State v. KnappSupreme Court of Missouri · 1992
- People v. SchwartzCalifornia Court of Appeal · 1937
- State Ex Rel. Agard v. RiedererSupreme Court of Missouri · 1969
- State v. MuchnickMissouri Court of Appeals · 1960
- Phillips Pipe Line Co. v. BrandstetterMissouri Court of Appeals · 1954
8 more not listed; retrieve them via the Exa API.