Merrill v. State

Plaintiff in error, defendant below, was convicted of the offense of operating a creamery without having first procured from the food commissioner of the state an annual permit therefor, as provided by section 7, chapter 33, Compiled Statutes, 1901, entitled “Food Commission.” He prosecutes error proceedings in this court, contending that his conviction is unlawful, for the reason that the statute under which the conviction was had is unconstitutional. No other question is presented by the petition in error or in briefs of counsel.

While it is contended that the statute violates different…