People v. McGann
New York Supreme Court
Appeal by defendant, Patrick H. McGrann, from a judgment of the Court of Special Sessions of Kings county, of July 18, j 1884, affirming a conviction of said defendant, by Hon. An- 1 drew Walsh, Police Justice, on July 9, 1884, at the city of Brooklyn, of a violation of L. 1884, ch. 202 (the Oleomargarine Act.
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Appeal by defendant, Patrick H. McGrann, from a judgment of the Court of Special Sessions of Kings county, of July 18, j 1884, affirming a conviction of said defendant, by Hon. An- 1 drew Walsh, Police Justice, on July 9, 1884, at the city of Brooklyn, of a violation of L. 1884, ch. 202 (the Oleomargarine Act. “ An act to prevent deception in the sale of dairy products ”). Defendant was convicted, under section 6 of that Act, in that he willfully and unlawfully did manufacture and sell an article of food known as oleomargarine, designed to take the place of butter produced from pure…
1Dissent
Pratt, J.—(Dissenting.)
I am constrained to dissent from the views of a majority of the court in this case upon the following grounds : If section 6 of the act under which defendant was convicted is to be construed as an absolute prohibition of *8the manufacture of pure and wholesome oleomargarine unconnected with any design to deceive the public or simulate dairy butter, it is unconstitutional as being within the probition of article 1, section 6, of the State Constitution.
There are certain well settled principles to be kept in view in considering this class of questions. Before a statute can…
2Cases cited5 opinions
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