150 N.W. 291 | S.D. | 1914
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..
No substitute for butter and cheese, having a yellow color,, shall be manufactured, kept in possession, offered for sale, sold, shipped, consigned or forwarded by common carrier, p-ublice or private.”
One contention of respondent is that section 15, c. 163, Raws of 1909, permits the sale of oleomargarine not artifically colored, and that there is no allegation in the complaint that the oleomar
We are of the opinion that the demurrer should have been overruled.
The order appealed from is reversed, and the cause remanded for further procedure.