Diersing v. State

Citations

• 19 Ohio C.C. Dec. 469

Syllabus

<p>ADULTERATED MILK — FOOD LAWS.</p> <p>Sufficiency op Evidence to Convict foe Selling Adultee-ated Milk.</p> <p>The admitted sale of milk which was below standard, from a wagon belonging to the defendant and from cans which contained the supply he had delivered to his customers, does not justify his conviction of selling milk below standard, where the evidence fails entirely to show that the boy who made the sale was authorized to sell milk, or had ever sold any before, but that he sold the milk on this occasion without the knowledge of the owner, while temporarily in charge of the wagon, and did not account to the owner for the money received therefor.</p> <p>[For other cases in point, see 4 Cyc. Dig., “Food Laws,” §§ 32-40. — Ed.]</p> <p>[Syllabus approved by the court.]</p>