
    The State of Ohio v. Ruedy.
    
      Justice of peace reversed, by common pleas — Decision of latter subject of exception to Supreme Court, when — Law of adulteration of food.
    
    1. A decision of the court of common pleas reversing a sentence by a justice of the peace may be the subject of an exception by the prosecuting attorney for the purpose of presenting it to the Supreme Court to obtain a decision for the government of similar cases.
    2. The introduction of coloring' matter into oleomargarine, is the adulteration of an article of food punishable by law, and of such offense a justice of the peace has jurisdiction.
    (Decided December 14, 1897.)
    Exception to a decision of the Common Pleas of Portage county.
    John Ruedy was tried before a justice of the peace' of Portage county, and found guilty of selling oleomargarine which contained coloring matter, and was sentenced by the justice to pay a fine of $50.00, and the costs of prosecution.
    He filed a petition in error in the court of common pleas for the reversal of the sentence, and the court of common pleas decided “that the justice had no final jurisdiction to try said defendant for the offense charged in the affidavit, nor to render a final judgment, or assess him with the payment of fine and costs of said proceeding,” and reversed the judgment. To that decision of the court of common pleas, the prosecuting attorney excepted, and presents his bill of exceptions here, under sections 7305-8 of the Revised Statutes.
    
      D. L. Sleeper, for plaintiff in error.
    
      J. A. Smith and I. T. Siddall, for defendant in error.
   By the Court:

A decision of the common pleas reversing a sentence imposed by a justice of the peace, may be the subject of an exception by the prosecuting attorney, with a view to presenting it to the Supreme Court to obtain a decision to determine the law to govern in similar cases under sections 7305-8 of the Revised Statutes. The State v. Kelly, 54 Ohio St., 166; State v. Hutchinson, 55 Ohio St., 573; State v. Hutchinson, 56 Ohio St., 82.

Section 3718a, of the Revised Statutes, confers upon justices of the peace, jurisdiction “in cases of violation of the laws to prevent adulteration of food and drink, the adulteration and deception in the sale of dairy products, ” etc.' Paragraph b of section 3, as amended April 22, 1890, (O. L., vol. 87, p. 248) now section 4200-6, Revised Statutes, provides that an article of food shall be deemed to be adulterated “if it is colored,” etc. Since oleomargarine is an article of food, the justice of the peace had jurisdiction. Kxception sustained.  