Opinion
No. 24421
June 15, 1949. Appellant's Motion for Rehearing Denied (Without Written Opinion) January 18, 1950.
1. — Art. 709 P. C. — Constitutional.
Art. 709 P. C., making it unlawful to sell an article of food to which sulphite has been added, is constitutional.
2. — Indictment — Foods — Sulphite.
An indictment drawn under Art. 709 P. C., charging one with selling food to which sulphite has been added, need not allege that the accused knowingly and willfully sold such food with sulphite added.
3. — Knowledge and Intent — Not included — Offense — Selling Food With Sulphite.
Neither knowledge nor intent is a part of the offense of selling food with sulphite added.
4. — Knowledge — Lack — Defense — Mistake of Facts.
Lack of knowledge on part of the accused that the article of food sold contained sulphite arises as a matter of defense only under the general statute relating to the defense of a mistake of fact.
5. — Indictment — Statutory Language — Sufficient.
Ordinarily an indictment drawn in the language of the statute, creating and defining the offense, is sufficient.
6. — Prima Facie — Case — Established.
Where the undisputed facts showed appellant sold ground meat containing sulphite, a prima facie case was established for the state.
Violating Food Statutes. Appeal from county court of Smith County; penalty, fine of $150.00.
Hon. New Price, Judge Presiding.
Affirmed.
Nat Gentry, Tyler, for appellant. Ernest S. Goens, State's Attorney, Austin, for the state.
The conviction is for a violation of the Pure Food Law; the punishment assessed, a fine of $150.
The case of Neill v. State, No. 24,423, (Page _____ of this volume) this day decided, is, in all legal aspects, the same as that here presented.
The opinion in that case is here applicable, and reference is made thereto.
For the reasons there stated, the judgment of the trial court is affirmed.
Opinion approved by the court.