State v. Crescent Creamery Co.

START, O. J.

This is an appeal from the judgment of the municipal court of the city of St. Paul convicting the defendant of the offense of selling cream containing less than twenty per centum of fat, contrary to the provisions of Gr. S. 1894, § 7002. The record contains no settled case or bill of exceptions, but the judgment recites upon its face that before sentence the defendant’s counsel moved that the defendant be discharged on the ground that the statute was unconstitutional; hence the facts charged did not constitute a public offense.

Some technical objections are here made to the…