8478. Adulteration of unshelled peKans.    U. S. v. Edgar M. Boyles and James
Harry Thompson (2 informations filed). Pleas of not guilty to each 
information, by each defendant. Tried to the court and jury. Verdicts 
of guilty. Boyles and Thompson sentenced to serve a total of 18 months' 
and 15 months' imprisonment, respectively. (F. D. C. No. 12579. Sample 
Nos. 25686-F, 48188-F, 72213-F, 72214-F.)
INFORMATION FILED : March 8, 1945, Middle District of Georgia, against Edgar 
M. Boyles and James Harry Thompson, Albany and Macon, Ga.
ALLEGED SHIPMENT : Between the approximate dates of October 30 and November 
11, 1943, from the State of Georgia into the States of Tennessee and Alabama.
VIOLATIONS CHARGED: Adulteration (both informations), Section 402 (a) (3), 
the product consisted in whole or in part of filthy and decomposed substances 
and was otherwise unfit for food by reason of the presence of insect-infested, 
moldy, decomposed, shriveled, and rancid nuts; Section 402 (b) (3), it consisted 
in large part of damaged and inferior nuts, which damage and inferiority had 
been concealed by topping the damaged and inferior nuts with nuts of a better 
quality; and, Section 402 (b) (4), nuts of a better quality than the remainder 
of the product had been added to the tops of the bags so as to make the product 
to appear better and of greater value than it was.
DISPOSITION : The defendants having filed a motion to dismiss the informations 
on the ground that they had bought and sold the product in good faith, and 
the motion having been denied, pleas of not guilty were entered to both infor- 
mations. On April 18, 1945, the cases came on for trial before a jury. They 
were tried simultaneously, and on April 19, 1945, the jury returned a verdict 
of guilty. On the same date, the court sentenced the defendant, Boyles, to a 
total of 18 months' imprisonment, and the defendant, Thompson, to a total of 
15 months' imprisonment for the violations represented by both informations.