STATE v. A.J. BAYLESS MARKETS, INC.

No. 1158.

86 Ariz. 193 (1959)

342 P.2d 1088

STATE of Arizona, Plaintiff, v. A.J. BAYLESS MARKETS, INC., a corporation, Alfred M. Lewis, dba Orange Empire, a Co-op., Joseph Naifeh, dba Russ Keaton Save Way Market and Imperial Ice Cream, Inc., a corporation, Defendants.

Supreme Court of Arizona.

July 24, 1959.


Attorney(s) appearing for the Case

Wade Church, Atty. Gen., John Vanlandingham and H.B. Daniels, Asst. Attys. Gen., Charles C. Stidham, County Atty., Donald D. Meyers, Deputy County Atty., Phoenix, for plaintiff.

Shimmel, Hill & Kleindienst, Phoenix, for defendants.


PHELPS, Chief Justice.

There was certified to us in this case under the provisions of Rule 346, of Rules of Criminal Procedure, 17 A.R.S., the question of whether A.R.S. §§ 3-630 and 3-632 as applied to the sale or the intent to sell imitation ice cream and imitation ice milk as alleged in the information filed herein are contrary to the provisions of the constitution of the United States and of the state constitution.

The law under which the prosecution...

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