Remanded with directions.
Warren L. McCarthy, County Phoenix, for plaintiff.
Jerman & Jerman, of Phoenix, for defendant.
DeConcini, Justice. La Prade, C. J., and Udall, Stanford and Phelps, JJ., concur.
[70 Ariz. 289] This case is here before us upon questions of law certified by the Superior Court for the County of Maricopa, by virtue of section 44-2401, A.C.A. 1939. On June 15, 1949, the county attorney for Maricopa County, by direct information, accused the defendant, Double Seven Corporation, an Arizona corporation, of a misdemeanor in violating the provisions of Chapter 50, Article 13, A.C.A. 1939, entitled, "Horsemeat for Human Consumption", and hereinafter referred to as the horsemeat act.
The information contained two counts. The first count was entitled, "Misbranding Horse Meat and Horse Meat Products." Its salient features are as follows:
[70 Ariz. 290] "The said Double Seven Corporation, on or about the 25th day of April, 1949, and before the filing of this information at and in the County of Maricopa, State of Arizona, did then and there wilfully and unlawfully keep and offer for sale and sell horse meat and horse meat products for human consumption, unlawfully marked, branded, tagged and labeled, to-wit:
"That the said Double Seven Corporation, on or about the 25th day of April, 1949, as operator or proprietor of a market where meat products were sold, at 520 West Jackson Street in the City of Phoenix, Maricopa County, Arizona, did at the premises known and designated as 22 North Fifth Street in the City of Phoenix, Maricopa County, Arizona, offer for sale and sell horse meat and horse meat food products, to-wit: cube or chicken fry steaks and ground horse meat sold under the trade name of hamburger, which said horse meat and horse meat food products were not conspicuously branded, marked, tagged or labeled 'horse meat' or 'horse meat products' on each standard cut thereof, or at all, and which said horse meat and horse meat food products were not labeled with a green label bearing the words 'horse meat', followed by 'horse meat or horse meat food products contained herein has been inspected and passed by the State of Arizona', or at all, all in violation of Section 50-1306, Arizona Code Annotated, 1939."
The second count was entitled, "Possession of Unstamped Horse Carcasses," and charged the defendants as follows:
"For a further and separate cause of action, being a different offense of the same class of crimes and offenses as the charge set forth in ...