Commonwealth v. Spencer

Citations

• 28 Pa. Super. 301
• 1905 Pa. Super. LEXIS 187

Syllabus

<p>Criminal law — Pure food, law — Dairy and food commissioner — Constitutional law — Constitution of Pennsylvania, article III, sec. 27.</p> <p>A conviction under the pure food law of May 26, 1893, P. L. -152, as amended by the Acts of March 13, 1895, P. L. 17, and June 26, 3895, P. L. 317, will not be set aside on the ground that the information was made by a special agent of the dairy and food commissioner, and that the office of dairy and food commissioner was in violation of article III, section 27, of the constitution,' which provides that “no state office shall be continued or created for the inspecting or measuring of any merchandise, manufacture or commodity.” In such a case the conviction does not depend upon the character of the person who instituted the proceeding, but upon testimony adduced at the trial for the violations of sections of the acts already sustained as constitutional by the appellate courts. Such sections are clearly severable and distinguished from any reference to the creation of the office of dairy and food commissioner.</p>