State v. Arata

Ohio Supreme Court

State v. Arata

69 Ohio St. (N.S.) 211

CourtOhio Supreme Court

DecidedNovember 17, 1903

DocketNo. 8068

StatusPublished

This text of 69 Ohio St. (N.S.) 211 (State v. Arata) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Arata, 69 Ohio St. (N.S.) 211 (Ohio 1903).

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Opinion

By the Court.

The affidavit is not defective. It charges Arata with having sold oleomargarine which contained coloring matter, to-wit: butter yellow. This is all that is required, because the meaning of the word “oleomargarine,” as used in the statute, is defined by the statute itself. The descriptive words contained in the affidavit do not wholly describe oleomargarine as defined in the statute, but do not contradict the charge as made. Therefore, whether they completely describe the substance sold or not, these words neither add to nor subtract from the meaning of the charge. They are surplusage.

Exceptions sustained.

Burket, C. J., Spear, Davis, Shauck, Price and Crew, JJ., concur.

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By the Court.

The affidavit is not defective. It charges Arata with having sold oleomargarine which contained coloring matter, to-wit: butter yellow. This is all that is required, because the meaning of the word “oleomargarine,” as used in the statute, is defined by the statute itself. The descriptive words contained in the affidavit do not wholly describe oleomargarine as defined in the statute, but do not contradict the charge as made. Therefore, whether they completely describe the substance sold or not, these words neither add to nor subtract from the meaning of the charge. They are surplusage.

Exceptions sustained.

Burket, C. J., Spear, Davis, Shauck, Price and Crew, JJ., concur.

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Bluebook (online)

69 Ohio St. (N.S.) 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-arata-ohio-1903.