State v. Hanson
Supreme Court of Minnesota
Defendant was indicted by the grand jury of Blue Earth county, charged with the crime of selling oleomargarine manufactured in imitation of butter of a shade or tint of yellow, contrary to the provisions of the statute in such case made and provided. The defendant pleaded not guilty, and was thereafter tried in the district court for that county before Pfau, L, and a jury which convicted him of the offense charged in the indictment.
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Defendant was indicted by the grand jury of Blue Earth county, charged with the crime of selling oleomargarine manufactured in imitation of butter of a shade or tint of yellow, contrary to the provisions of the statute in such case made and provided. The defendant pleaded not guilty, and was thereafter tried in the district court for that county before Pfau, L, and a jury which convicted him of the offense charged in the indictment. From an order denying defendant’s motion for a new trial, he appealed.
1DissentHolt, J.
I do not profess to have greater reluctance to declare a law invalid than any of my Associates. But I cannot agree to the conclusion arrived at, and believe that the section of the law in question should be held valid, and so interpreted as to give effect to the intention of' the legislature. Holding that view, it seems to me that the conviction was right.
The trial court instructed the jury: “If you find from all the-evidence in this case, beyond a reasonable doubt, that state’s Exhibit No. 1 [the butter sold] was made in imitation of butter of a shade and tint of yellow, and you further find…
2Cases cited6 opinions
- People v. . ArensbergNew York Court of Appeals · 1887
- Butler v. Marshall ChambersSupreme Court of Minnesota · 1886
- State v. Armour Packing Co.Supreme Court of Iowa · 1904
- Meyer v. StateWisconsin Supreme Court · 1908
- Bennett v. CarrMichigan Supreme Court · 1903
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