#### Charles Saddler et al. v. The People of the State of Illinois.

Opinion filed December 20, 1900.

This case is controlled by the decision in Noel v. People, 187 Ill. 587.

Writ op Error to the Circuit Court of Kankakee county; the Hon. R. W. Hilscher, Judge, presiding.

W. R. Hunter, for plaintiffs in error.

Bert L. Cooper, State’s Attorney, for the People.

Per Curiam:

Plaintiffs in error, being engaged in general merchandising, as proprietors, selling groceries, principally, in the city of Kankakee, are charged with a violation of section 2 of the Pharmacy act as amended by the act of 1895, (Laws of 1895, p. 245,) by selling a number of bottles of a certain patent or proprietary medicine known as “Castoria,” neither of said proprietors being a registered pharmacist nor having a registered pharmacist in their employ, nor having obtained a permit to sell proprietary medicines from the State Board of Pharmacy, as provided in section 8 of said act. The prosecution was brought before a justice of the peace by summons, where a fine was imposed, whereupon plaintiffs in error prosecuted an appeal to the circuit court of Kankakee county, where they were again found guilty and a judgment entered for $20 and costs, to reverse which they prosecute this writ of error.

The questions involved in this case are the same as those in, and a determination thereof is controlled by, the case of Noel v. People, 187 Ill. 587. The judgment of the circuit court of Kankakee county is therefore reversed and the cause remanded.

M and remaM