State v. Maurer
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. —Hon. Benj. Klene, Judge. Cause certified to Supreme Court. 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 thereon.
Read the full summary
Appeal from St. Louis Court of Criminal Correction. —Hon. Benj. Klene, Judge. Cause certified to Supreme Court. 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 thereon. It is fundamental that an indictment or information predicated upon the provisions of a statute must charge the offense in…
1Opinion of the CourtAllen, J.
Defendant was convicted of selling a substance designed to be used as a substitute for butter, under the name of and under the pretense that the same was butter. The information charges that the defendant “in the city of St. Louis, on the 15th day of October, 1909, did, by a clerk, at No. 8 South Jefferson avenue, in said city, unlawfully sell and offer for sale a substance designed to be used as a substitute for butter, to-wit, oleomargarine,” etc.
The prosecution is based upon section 657, Revised Statutes 1909, and the information does not *164charge that the substance which it is alleged the…
Also in this document: Concurrence.
2Cases cited2 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. HiltonSupreme Court of Missouri · 1913