Commonwealth v. Barbono
Superior Court of Pennsylvania
Appeal, No. 209, Oct. T., 1913, by plaintiff, from order of C. P. Del. Co., Dec. T., 1912, No. 19, quashing summary conviction in case of Commonwealth v. Serveria Barbono. Certiorari from summary conviction.
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Appeal, No. 209, Oct. T., 1913, by plaintiff, from order of C. P. Del. Co., Dec. T., 1912, No. 19, quashing summary conviction in case of Commonwealth v. Serveria Barbono. Certiorari from summary conviction. The material portion of the justice’s record was as follows: After hearing the proofs and allegations, the defendant is found guilty as charged, with illegally having in his possession 172 registered beer bottles, and three beer boxes, and is sentenced to pay a fine of $87.50 and costs of suit, or in default of the payment of the aforesaid fine and costs, to be committed to the Delaware…
1Opinion of the Court
Opinion by
Rice, P. J.,
This case originated before a justice of the peace and was brought into the common pleas by certiorari. It resulted in a judgment quashing the finding and sentence of the justice, on the ground that all of the proceedings before him were without warrant of law, from which judgment the commonwealth took the present appeal.
It appears by the justice’s record that the defendant was charged with having had in his possession, concealed-,- a number of beer bottles and beer boxes, “that had been duly registered according to law, which he had refilled and was using for his own…
2Cases cited8 opinions
- Commonwealth v. NesbitSupreme Court of Pennsylvania · 1859
- Provident Life & Trust Co. v. HammondSupreme Court of Pennsylvania · 1911
- Commonwealth v. GipnerSupreme Court of Pennsylvania · 1888
- Dorsey & Macklin, & Donnelly & Co.'s AppealSupreme Court of Pennsylvania · 1872
- Reid v. WoodSupreme Court of Pennsylvania · 1883
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3Cited by17 opinions
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