
    The People of the State of New York, Appellant, v. William B. Waters et al., Respondents.
    (Argued May 6, 1907;
    decided May 21, 1907.)
    
      People v. Waters, 114 App. Div. 669, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1906, affirming a judgment in favor of defendants entered upon a verdict in an action to recover a penalty for a violation of section 27 of the Agricultural Law in the sale of renovated butter.
    
      William B. Jaeleson, Attorney-General (Martin F. Dillon of counsel), for appellant.
    
      Edward W Gregg for respondents.
   Judgment affirmed, with costs, upon the ground that while an oral warning by the seller that the butter is renovated butter is no excuse for a failure to comply with the statute, still, in view of the concession that the tub was marked according to the statute, the charge of the judge was "wholly immaterial; no opinion.

Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  