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State v. Bennett

Supreme Court of Arizona

April 7, 1952

STATE
v.
BENNETT

Reversed and remanded.

Fred O. Wilson, Atty. Gen., Earl Anderson, Asst. Atty. Gen., for appellant.

James E. Flynn, Phoenix, for appellee.

Phelps, Justice. Udall, C. J., and Stanford, De Concini and La Prade, JJ., concur.

OPINION

Phelps, Justice.

Page 841

[74 Ariz. 7] Defendant-appellee was charged by direct information filed in the superior court of Maricopa County consisting of two counts, the first of which alleged that defendant had violated the provisions of section 50-1306, A.C.A. 1939, and the second a violation of section 50-1304 thereof. [74 Ariz. 8] These sections are a part of an act passed by the legislature in 1943 entitled:

"An act relating to pure food; prescribing the conditions under which horses may be slaughtered and horsemeat and the products thereof sold for human consumption; making an appropriation, and declaring an emergency."

Section 50-1304, supra, upon which Count II is based in so far as here material, reads:

"(a) The slaughtering of horses and the preparation and processing of horsemeat and products thereof shall be conducted in a house or establishment separate from any house or establishment in which cattle, sheep, swine, or goats are slaughtered or prepared, or any meat or meat food products thereof are prepared or handled, and shall at all times, whether in operation or not, be subject to and accessible for inspection by inspectors of the live stock sanitary board, for the purpose of ascertaining the sanitary condition thereof."

No appeal was taken from the ruling of the court finding the defendant not guilty on Count I of the information, consequently we are not here concerned with the provisions of section 50-1306, supra.

A violation of the act is made a misdemeanor. A motion was made on behalf of the defendant to quash the information on the grounds (a) that neither count stated a public offense; (b) that the allegations therein were vague, ...


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