Arthur Thomas Lelles v. United States

Appellant Lelies and Cultured Mushroom Industries, Inc., were charged in a two count indictment with unlawfully causing to be introduced, and delivered for introduction, into interstate commerce at Seattle, Washington, for delivery to persons in Iowa (count 1) and Wisconsin (count 2) a number of cartons containing “cultured mushroom salt,” said food being adulterated within the meaning of 21 U.S.C.A. § 342 (a) (3), “in that it consisted in part of a filthy substance by reason of the presence in said food of insect larvae and insect fragments,” all in violation of 21 U.S.C.A. §§ 331 and 333. In a trial to a jury both Cultured Mushroom Industries, Inc., and Lelies were found guilty on both counts.

A motion by Cultured Mushroom Industries and Lelies for a new trial was denied, but the trial judge entered an order for judgment of acquittal as to Cultured Mushroom Industries. A motion to dismiss the indictment and to direct the jury to return a verdict of not guilty was made during the trial and before submission of the case to the jury, and was taken under advisement by the trial judge. Lelies was sentenced to 18 months imprisonment on each count, to be served concurrently, and was…