(Download) "Fireside Marshmallow Co. v. Frank Quinlan Const. Co." by Eighth Circuit United States Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Fireside Marshmallow Co. v. Frank Quinlan Const. Co.
- Author : Eighth Circuit United States Court of Appeals
- Release Date : January 28, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Defendant was charged in three counts with unlawfully causing to be introduced and delivered for introduction into interstate commerce a number of cases of pickles and pickle relish in jars, which were adulterated within the meaning of 21 U.S.C.A. § 342(a)(4) in that they had been prepared and packed under insanitary conditions whereby they may have become contaminated with filth. The three counts related to separate shipments, one made on May 3, 1951, and two on May 17, 1951. At the close of the Governments case the Government dismissed the third count of the information. Motion to dismiss Counts One and Two was made by defendant at the close of the Governments case on the grounds that the information did not state facts sufficient to constitute an offense and that the statute upon which the information was based is unconstitutional. A separate motion for judgment of acquittal was made upon the ground that the evidence was insufficient to sustain a conviction. These motions were overruled. The defendant offered no evidence. The case was submitted to a jury which returned a verdict of guilty on both counts. After the verdict, the motion for judgment of acquittal on the ground of the insufficiency of the evidence was renewed and again overruled. Judgment and sentence followed, from which this appeal is prosecuted. Only two questions are presented on this appeal. Defendant challenges (1) the constitutionality of the statute, and, (2) the sufficiency of the evidence.
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