Legal Opinion

State v. Swift & Co.

Supreme Court of Missouri

Decided February 16, 1918PublishedCited by 2 opinions

Appeal from St. Louis Court of Criminal Correction.— Hon. Galvin N. Miller, Judge. The court erred in refusing to discharge the defendants at the close of the State’s ease, because: (a) the evidence showed without conflict that the defendants did not “in the city of St. Louis, State of Missouri, on the fourth day of October, 1915 [or any other day], unlawfully and wi1 fully offer for sale and keep on hand for the purpose of sale to Stocker Brothers, a substance which was…

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Appeal from St. Louis Court of Criminal Correction.— Hon. Galvin N. Miller, Judge. The court erred in refusing to discharge the defendants at the close of the State’s ease, because: (a) the evidence showed without conflict that the defendants did not “in the city of St. Louis, State of Missouri, on the fourth day of October, 1915 [or any other day], unlawfully and wi1 fully offer for sale and keep on hand for the purpose of sale to Stocker Brothers, a substance which was then and there composed of animal fat, ’ ’ etc.; (b) the evidence clearly showed that the sale in question was effected and…

1Opinion of the Court

WHITE, C.

The Assistant Prosecuting Attorney of St. Louis Court of Criminál Correction filed information in that court charging that the defendants “did on the 4th day of October, 1915, unlawfully and wilfully offer for sale and keep on hand for the purpose of sale to Stocker Brothers, a corporation, a substance” which is described as composed of animal fat, etc., and colored in imitation of butter. The charge is a violation of section 651, Revised Statutes 1909. The case was first appealed to this court and transferred to the St. Louis Court of Appeals for want of jurisdiction. On a hearing,…

2Cases cited4 opinions

  1. Cunningham v. AshbrookSupreme Court of Missouri · 1855
  2. State v. RosenbergerSupreme Court of Missouri · 1908
  3. Third National Bank v. SmithMissouri Court of Appeals · 1904
  4. Longsdorff v. MeyersMissouri Court of Appeals · 1913

3Cited by2 opinions

  1. Clark v. Crown Drug Co.Missouri Court of Appeals · 1940
  2. Jos. Greenspon's Sons Iron & Steel Co. v. GersteinMissouri Court of Appeals · 1930

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