State v. New Jersey Milk & Cream Co.

Supreme Court of New Jersey

State v. New Jersey Milk & Cream Co.

140 A. 926, 6 N.J. Misc. 230, 1928 N.J. Sup. Ct. LEXIS 358

DecidedFebruary 23, 1928

StatusPublished

This text of 140 A. 926 (State v. New Jersey Milk & Cream Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. New Jersey Milk & Cream Co., 140 A. 926, 6 N.J. Misc. 230, 1928 N.J. Sup. Ct. LEXIS 358 (N.J. 1928).

Pincite

Opinion

Memorandum by

Trenchard, J.

This writ brings up what purports to be a conviction of the defendant, the prosecutor of the writ, for a violation of the New Jersey Bottle act.

The conviction and proceedings leading up thereto are so defective in so many respects as to render it legally impossible to sustain the conviction.

Nowhere in any of the papers does it sufficiently appear what the charge was or for what offense the defendant was convicted. If it be surmised that the offense in mind was the use or filling of bottles duly marked in the name or by the mark of another, there was no intimation, much less a change or statement that any such name or mark was duly filed, as required by the act, nor it may be added is there any suggestion that there was any evidence to such effect.

In such condition of the record brought up the conviction cannot be sustained. Bowden v. Overseer of the Poor, 41 N. J. L. 462.

Accordingly, the conviction will be set aside.

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