State v. Allen

• Decision Date: 25 February 1896
• Citation: 14 Wash. 103,44 P. 121
• Parties: STATE v. ALLEN.
• Court: Washington Supreme Court

44 P. 121

14 Wash. 103

STATE v. ALLEN.

Supreme Court of Washington

February 25, 1896

Appeal from superior court, Spokane county; Norman Buck, Judge.

William Allen was convicted of selling imitation dairy products contrary to law, and appeals. Reversed.

Dunbar J., dissenting.

W. A Lewis, for appellant.

J. W Feighan, for the State.

HOYT C.J.

Appellant was convicted of a violation of section 34 of the act of March 2, 1891 (Pen. Code, § 242). This section was in the following language: "No person or persons shall sell supply, or offer for sale or exchange any oleaginous substance, or any compound of the same, purporting to be butter or cheese, or having the semblance of butter or cheese, other than that produced from wholesome and unadulterated milk, or cream of the same, unless the said oleaginous substance, and the package containing the same, shall be marked so as to plainly indicate its true character and distinguish it from pure and genuine dairy products; and in any public dining or eating room where imitation dairy product or products are commonly or knowingly used as an article of food, the bill of fare used in such dining or eating room shall state the fact in the same sized type as is used in printing the body of said bill of fare; or if no bill of fare is used, then, in a conspicuous place of said dining or eating room, easily seen by any one entering said room, shall be posted a notice stating the name or names of such imitation dairy products: provided, that the addition of harmless coloring matter to any product manufactured from pure, unadulterated milk, or the cream thereof, shall (not) come within the provisions of this act: provided further, that milk drawn from cows within fifteen days before and five days after parturition shall be construed to be unclean, impure and unwholesome. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars, or by not less than one month nor more than three months' imprisonment in the county jail, or by both such fine and imprisonment." Pending an appeal from the judgment and sentence, the legislature passed the act of March 11, 1895, of which section 5 was in the following language: "No person, by himself, his agents or his servants, shall render or manufacture, sell, offer for...