4226. Adulteration of poultry.    TJ. S. v. Swift & Co.    Plea of nolo contendere on
first count and not guilty on second count.    Tried to the court.    Verdict 
of guilty by the court on both counts.    Fine $100, and costs.    (F. D. C.
No. 7676.   Sample Nos. 84379-E, 89733-E, 89734-E.)
On August 24, 1942, the United States attorney for the District of Maryland 
filed an information against Swift & Co., a corporation, trading at Salisbury, 
Md., alleging shipment on or about April 8 and 21, 1942, from the State of 
Maryland into the States of New Jersey and Virginia of quantities of poultry 
that was adulterated. 
The information alleged in the first count that the poultry shipped into New 
Jersey was adulterated in that it was in whole or in part the product of 
diseased animals. The information alleged in the second count that the 
poultry shipped into Virginia was adulterated in that it was in whole or in 
part the product of diseased animals, and of animals that had died otherwise 
than by slaughter.        .
On October 9, 1942, pleas of nolo contendere to the first count and not guilty 
to the second count having been entered on behalf of the defendant, the case 
came on for trial before the court, sitting as a jury. At the conclusion of the 
trial the court entered a verdict of guilty under both counts, stating however, 
that he was not convinced beyond a reasonable doubt that poultry that had died 
otherwise than by slaughter had been shipped as charged in the second count. 
A fine of $100 and costs was imposed.