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67 N.H. 540

42 A 51

State v. Collins

Supreme Court of New Hampshire

Decided December 5, 1893

Supreme Court of New Hampshire · decided 1893-12-05

Indictment, for selling a package of oleomargarine not of a pink color, in violation of P. S., c. 127, ss. 19, 20. Verdict, guilty. The defendant is an agent at Manchester of Swift & Co., an Illinois corporation. The corporation manufacture oleomargarine in that state, and put it up in packages, some of which they send to the defendant in Manchester; who sells it in the original packages. The prosecution is for making a sale of that character.

Relies on Leisy v. Hardin · Powell v. Commonwealth of Pennsylvania · Bowman v. Chicago N W Ry Co

Cited in Black's (1910)’s definition of “Precatory” · Black's (1910)’s definition of “Precatory words”

Good law ✅— No negative treatment on recordhow we know

Decided 1893-12-05

How this case has been cited

Cited by 7 later decisions — most recently November 1974

7 state decisions

20189319001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam. *

¶1 The need of a uniform operation of federal law in all the states, and the apparent degree of uncertainty as to the view the federal court may take of the statute upon which the prosecution is based (Leisy v. Hardin, 135 U. S. 100, Bowman v. Railway, 125 U. S. 490, In re Worthen, 58 Fed. Rep. 467, State v. Marshall, 64 N. H. 549, 551, Powell v. Pennsylvania, 127 U. S. 678, 685, Boston Beer Co. v. Massachusetts, 97 U. S. 25), are reasons for a disposition of the case that will furnish an opportunity to obtain a determination of the question by the federal court, by which alone it can be finally settled.

¶2 Hxception overruled.

Chase, J., did not sit: the others concurred.

¶3 See foot-note on page 80,

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