Brina v. United States

Citations

• 179 F. 373
• 105 C.C.A. 558
• 1910 U.S. App. LEXIS 4652

Syllabus

<p>1. Food (§ 14*) — Food and Drugs Act — “Misbranding”—“Salad Oil.”</p> <p>“Salad oil” prima facie means olive oil, and, in the absence of evidence that the term has recently acquired a more general meaning to include other oils, its use without further explanation on packages of cot ton seed oil shipped in interstate commerce constitutes a misbranding in violation of Food and Drugs Act June 30, 1906, e. 3915, § 2, 34 Stat. 768 (U S. Comp. St. Supp. 1909, p. 1188).</p> <p>[Ed. Note. — For other cases, see Food, Dec. Dig. § 14.*]</p> <p>2. Criminal Law (§ 1036*) — Writ of Error — Review.</p> <p>The question whether there was sufficient evidence to warrant the submission of a ci-iminal case to the jury cannot be raised for the first time in the appellate court.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 2641; Dec. Dig. § 1036.*]</p>