Legal Opinion

Commonwealth v. Sellers

Supreme Court of Pennsylvania

Decided October 28, 1889No. Nos. 14, 15PublishedCited by 35 opinions

APPEALS BY DEPENDANT EROM THE COURT OE QUARTER SESSIONS OE BUTLER COUNTY. Nos. 14, 15 October Term 1889, Sup. Ct.; court below, Nos. 41, 42 September Term 1887, Q. S. On September 7, 1887, the grand jury returned as a true bill an indictment to No. 41 of the court below charging that James Sellers on September 5, 1887, “did furnish by sale, gift or otherwise, spirituous, vinous, malt or brewed liquors to Tillie Oline and E. B. McDonald, for their use . . . . , they the said…

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APPEALS BY DEPENDANT EROM THE COURT OE QUARTER SESSIONS OE BUTLER COUNTY. Nos. 14, 15 October Term 1889, Sup. Ct.; court below, Nos. 41, 42 September Term 1887, Q. S. On September 7, 1887, the grand jury returned as a true bill an indictment to No. 41 of the court below charging that James Sellers on September 5, 1887, “did furnish by sale, gift or otherwise, spirituous, vinous, malt or brewed liquors to Tillie Oline and E. B. McDonald, for their use . . . . , they the said Tillie Cline and E. B. McDonald then and there being minors; contrary,” etc. On the same day, an indictment to No. 42 of…

1Opinion of the Court

*35NO. 14.

Opinion,

Mb. Justice Stebrett :

The appellant, James Sellers, was indicted, convicted, and sentenced for furnishing intoxicating liquors, on September 5, 1887, in the county of Butler, “to Tillie Cline and E. B. McDonald, for their use,.....they, the said Tillie Cline and E. B. McDonald, being then and there minors, contrary to the act,” etc.

The subject of complaint in the first and second specifications is, that the court erred in not quashing the indictment before the jury was sworn, because it does not aver that the defendant knowingly and wilfully furnished the intoxicating liquor,…

2Cited by35 opinions

  1. Commonwealth v. KoczwaraSupreme Court of Pennsylvania · 1959
  2. Commonwealth v. StofchekSupreme Court of Pennsylvania · 1936
  3. Commonwealth v. WeissSupreme Court of Pennsylvania · 1891
  4. Commonwealth v. JonesSuperior Court of Pennsylvania · 1897
  5. Germantown Trust Co. v. PowellSupreme Court of Pennsylvania · 1919

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