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67 Ohio St. (N.S.) 51

State v. Ehinger

Ohio Supreme Court

Decided October 14, 1902

Ohio Supreme Court · decided 1902-10-14

Exceptions to the decision of the Common Pleas Court of Hamilton county.

Decided 1902-10-14

By the Court:

¶1The witness having qualified as an expert chemist experienced in the analysis of food products, might testify to the resemblance of the article sold to that whose sale the statute prohibits. The question for the determination of the jury was whether the accused had sold oleomargarine containing coloring matter, which is forbidden by Section 4200-16, Revised Statutes. It is true that the affidavit not only charged the act which this section prohibits, but it unnecessarily embraced the terms of section 4200-19 by which oleomargarine is defined. *53But this did not disqualify the witness to testify to that with respect to which he was especially informed, and which directly tended to show the commission of the forbidden act.

¶2Exception sustained.

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