People v. . Kibler
New York Court of Appeals
Appeal by Charles Iiibler. defendant, from a judgment of the General Term of the Supreme Court in the Fifth Department, of February 19, 1887, affirming the'jndgment of the Court of Sessions of Erie County, entered upon a conviction of defendant of selling watered milk in violation of L. 1885, ch. 458. I. The people were simply bound to prove that the milk was below the standard fixed by the statute.
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Appeal by Charles Iiibler. defendant, from a judgment of the General Term of the Supreme Court in the Fifth Department, of February 19, 1887, affirming the'jndgment of the Court of Sessions of Erie County, entered upon a conviction of defendant of selling watered milk in violation of L. 1885, ch. 458. I. The people were simply bound to prove that the milk was below the standard fixed by the statute. Under the provisions of section 16, it was to be declared adulterated, unless containing the percentages required thereby. No evidence was necessary tin the part of the people as to the cause for…
1Opinion of the CourtFinch, J.
The appellant was convicted of selling adulterated milk under the provisions of chapter 183 of the Laws of 1885, as amended by chapter 458 of that year. Section 1 provides that “ no person or persons shall sell or exchange any unclean, impure, unhealthy, adulterated, or unwholesome milk.” It was proved that one Vanderburg, on August 25, 1885, purchased at defendant’s store one pint of milk which was shown by chemical analysis, to have contained 89.04 per cent, of fluids and 7.78 per cent, of milk solids, and so, falling below the standard fixed by the act, came within its definition as…
2Cases cited1 opinion
- People v. . CipperlyNew York Court of Appeals · 1886
3Cited by74 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- United States v. BalintSupreme Court of the United States · 1922
- People v. VetriNew York Court of Appeals · 1955
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- People v. . WernerNew York Court of Appeals · 1903
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