Legal Opinion

Commonwealth v. McDermott

Supreme Court of Pennsylvania

Decided April 12, 1908No. 1; Appeals, Nos. 194 and 195PublishedCited by 24 opinions

Appeals, Nos. 194 and 195, Oct. T., 1908, by defendant, from judgments of Superior Court, April T., 1908, Nos. 190 and 191, affirming judgments of Court of Quarter Sessions of Washington Co., Nov. T., 1907, Nos. 11 and 108, on verdicts of guilty in cases of Commonwealth v. M. M. McDermott. Appeal from Superior Court.

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Appeals, Nos. 194 and 195, Oct. T., 1908, by defendant, from judgments of Superior Court, April T., 1908, Nos. 190 and 191, affirming judgments of Court of Quarter Sessions of Washington Co., Nov. T., 1907, Nos. 11 and 108, on verdicts of guilty in cases of Commonwealth v. M. M. McDermott. Appeal from Superior Court. Error assigned was the judgment of the Superior Court affirming the judgment of the court of quarter sessions sustaining the constitutionality of the Act of May 29,1901, P. L. 327.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

These appeals were manifestly taken for the purpose of re-arguing the question of the constitutionality of the Act of May 29,1901, P. L. 327, prohibiting the manufacture and sale of oleomargarine, butterine and other similar products when colored in imitation of yellow butter. We ought hardly to be again called upon to declare that act constitutional. In Commonwealth v. Caulfield, 211 Pa. 644, we said there was no reason “why we should stuff the reports” with a repetition of the decisions sustaining it.

The assignments of error are overruled and the judgments of the…

2Cases cited1 opinion

  1. Commonwealth v. CaulfieldSupreme Court of Pennsylvania · 1905

3Cited by24 opinions

  1. Dye v. SkeenWest Virginia Supreme Court · 1950
  2. Joyner v. StateSupreme Court of Florida · 1947
  3. Singer v. United StatesCourt of Appeals for the Third Circuit · 1922
  4. State v. GaniSupreme Court of Louisiana · 1924
  5. Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915

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