80 Mo. App. 354 | Mo. Ct. App. | 1899
The information is based on section 2, page 26, Acts of 1895, which reads as follows: “No person shall combine any animal fat or vegetable oil or other.substances with butter, or combine therewith or with animal fat or vegetable oil or combination of the two, or with either one, any other substance or substances whatever, any annatto or compound qf the same or any other substance or substances, for the purpose or with the effect of imparting thereto a yellow color or. any shade of yellow, so that such substitute shall resemble yellow or any shade of genuine yellow butter, nor introduce any such coloring matter or such substance or substances into any of the articles of which the same is composed. Provided, nothing in this act shall be construed to prohibit the use of salt and harmless coloring matter for coloring substitutes for butter manufactured for export or sale outside the state.” The charging part of the information is as follows: “That Adolph Stocker, in the city of St. Louis, on the 1st day of July, 1898, did sell, keep for sale and offer for sale a certain imitation of butter, to wit: A substance which was then and there composed and compounded of animal fat, vegetable oil and other substances combined with butter, and combined with annatto and the compounds of annatto, and with other substances which were then and there used therein for the purpose and with the effect of imparting thereto a yellow color, or shade of yellow, so that the same then and there
Tbe information is in tbe language of tbe statute creating tbe offense, and is therefore sufficient. State v. Johnson, 93 Mo. 317; State v. Mohr, 68 Mo. 303; State v. Madden, 81 Mo. 421; State v. Adams, 108 Mo. 208; State v. Murphy, 49 Mo. App. 270; State v. Haley, 52 Mo. App. 520. It is not necessary that tbe information should negative tbe exception contained in tbe proviso of section 2, supra; this exception is a matter of defense and not a qualification of, nor exception to tbe offense. State v. Bockstruck, 136 Mo. 335. Tbe evidence tended to prove that tbe defendant in tbe ordinary course of business sold a combination- of' animal fat with butter, which resembled genuine butter, and was colored yellow by combining it with some foreign coloring matter. Defendant was found guilty and judgment was rendered against him, from which be .appealed.