The defendant was rightfully convicted ; and his conviction and sentence should be affirmed MASON, JThe charge of the court below was right.

If the nature and tendency of the disease was such as to taint and affect the flesh of the entire animal in any degree, and this was known to the defendant, he was guilty of a misdemeanor in selling it to persons to be eaten by them ; for, if the unwholesome food may be injurious to the health of those who eat it, that is sufficient.

It is not necessary that it actually should have proved injurious to the health of those who consumed it.

I am inclined to think, however, that the court below should have arrested the judgment, on the ground that the indictment fails to charge a criminal offence.

The security of the accused requires precision and cer- tainty in a criminal pleading, and will not admit anything to be taken by intendment (6 Mete, 264) As I under- stand the law, to constitute the criminal offence of selling unwholesome meat it is necessary that it be sold for the food of man, or for his use as food ; and it is necessary to aver in the indictment that the unwholesome article was gold for the food of man, or some other equivalent allega- tion, showing that it was sold for the use of a person or persons to be eaten as food The indictment in the case at bar does not contain such an allegation.