State v. Red Owl Stores, Inc.

92 N.W.2d 103 (1958)

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Nature of the Case

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Facts

The State (P) alleges that Red Owl (D) operates a large number of retail food markets and that it is not registered or licensed with the Minnesota Board of Pharmacy to engage in selling at wholesale or retail drugs and medicines, chemicals, and poisons. P contends that D is not licensed to sell Alka-Seltzer, Anacin, Bromo Seltzer, Bufferin, Pepto-Bismol, and other what are commonly referred to as over the counter medicines. P contends that this conduct by D endangers the public health and renders ineffectual the laws of the state for the protection of public health. P seeks that D be permanently enjoined and restrained from selling wholesale or retail drugs. The trial court held that a violation of the Act was a misdemeanor and that it was the duty of the city attorney of Minneapolis to prosecute. The court also held that the remedy provided by the law was exclusive and that the legislature had not authorized injunctive relief to enforce the Act. The court found that Ds were entitled to a trial by jury on their alleged violations of the Act and that the proceedings which P took circumvented the law and denied Ds of a trial to establish their guilt beyond a reasonable doubt. P appealed.