
    CITY OF DULUTH v. CITY MARKET COMPANY.
    
    October 14, 1932.
    Nos. 28,946, 28,947.
    
      Rollo N. Chaffee and Lewis, Hunt <£ Palmer, for appellant.
    
      Bert W. Fortes and John F. Ball, for respondent.
    
      
       Reported in 244 N. W. 552.
    
   Per Curiam.

Convicted under an ordinance of the city of Duluth of wilfully selling meat unfit for human consumption, defendant appeals from the judgment.

There is not enough of merit in the case to Avarrant much discussion. It may be, as appellant claims, that the prosecution Aims initiated by envious competitors. But that does not alter the fact that the record discloses sufficient evidence to sustain the conviction. The meat in question was “stew meat,” a chopped combination of veal, mutton, and lamb. There is evidence that the sale upon which the conviction rests Avas of meat which had commenced to putrefy. The trial judge — there was no jury — Avas justified in concluding that the process had progressed so far that the meat was unfit for human consumption.

The motion for neAv trial presented no prejudicial error and nothing of neAvly discovered evidence to compel a new trial. Hence the denial of the motion was a matter of discretion, in the exercise of which we are unable to find any abuse.

Judgment affirmed.  