State v. Manley
South Dakota Supreme Court
Appeal from Municipal Court of Sioux Falls. Hon. Alpha F. ORR, Judge. Joseph Manley, the defendant, was charged by information with keeping, selling, using, and serving as food oleomargarine. From an order sustaining a demurrer to the information, the State appeals. • (i) Under point one of the opinion, Appellant submitted that: Sec. 15, Ch. 163, Raws 1909, is not applicable.
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Appeal from Municipal Court of Sioux Falls. Hon. Alpha F. ORR, Judge. Joseph Manley, the defendant, was charged by information with keeping, selling, using, and serving as food oleomargarine. From an order sustaining a demurrer to the information, the State appeals. • (i) Under point one of the opinion, Appellant submitted that: Sec. 15, Ch. 163, Raws 1909, is not applicable. Respondent submitted that: Sec. 15, Ch. 163, Raws 1909, is a statute specifically applicable to oleomargarine, and is not modified by Sec. 9, Ch. 296, Raws 1909. Section 15 is conclusive on point of coloring, and should’…
1Opinion of the CourtMcCOY, J.
In this case the state’s attorney of Minnehaha county filed a complaint in the nature of an information, in the municipal court, -charging the defendant with having kept, sold,, used, and served as food a certain substitute for butter having a yellow color — to-wit" olemargarine — contrary to the provisions of section 9, c. 296, Raws of 1909. To this complaint the defendant demurred on the ground that such complaint did not describe a. public offense. The demurrer being sustained, the state appeals..
[1] Section 9, c. 296, Raws of 1909, in so- far as it relates to the questions involved in…
2Cases cited2 opinions
- McCray v. United StatesSupreme Court of the United States · 1904
- State v. HansonSupreme Court of Minnesota · 1912
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