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71 Ohio St. (N.S.) 85

State v. Rippeth

Ohio Supreme Court

Decided October 25, 1904

Ohio Supreme Court · decided 1904-10-25

The defendant in error was charged, by affidavit filed with P. A. Carver, a justice of the peace in and for Franklin townshp, Tuscarawas county, with having unlawfully sold and delivered to one Martin Cowen, oleomargarine to the amount of one pound, which oleomargarine then and there contained artificial (yellow) coloring matter, the name of which coloring matter was unknown to the affiant, contrary to statute in such case made and provided, etc. On this affidavit the…

Decided 1904-10-25

By the Court.

¶1Section 4200-16, Revised Statutes, makes it a penal offense for any person to “sell or deliver” any oleomargarine which contains coloring matter. This is a police regulation imposing a penalty irrespective of criminal intent; and it contains no exception in favor of any person, nor as to whom the prohibited article may he sold or delivered, nor for what purpose. The dealer in the adulterated article has it in his possession for sale, and sells or delivers the same at his peril. He cannot shield himself by the plea of ignorance in regard to its character, nor by the plea that he made the sale for analysis *88or for any other purpose. State v. Kelly, 54 Ohio St., 166; State v. Hutchinson, 56 Ohio St., 573.

¶2Judgment of the circuit court reversed and judgment of the court of common pleas affirmed.

Spear, C. J., Davis, Shauck, Price and Summers.. JJ., concur.
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