Garbracht v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Mercer county: Of October and November Term 1880, No. 303. Indictment of John Garbracht for selling liquor without a license. H. V. Claus, a resident of the city of Erie, was a wholesale' dealer in liquors and groceries, and duly licensed to keep a wholesale liquor store in said city. This license was granted by the Board of Licensers of the city of Erie under the Act of Assembly approved May 10th 1871, Pampb.
Read the full summary
Error to the Court of Quarter Sessions of Mercer county: Of October and November Term 1880, No. 303. Indictment of John Garbracht for selling liquor without a license. H. V. Claus, a resident of the city of Erie, was a wholesale' dealer in liquors and groceries, and duly licensed to keep a wholesale liquor store in said city. This license was granted by the Board of Licensers of the city of Erie under the Act of Assembly approved May 10th 1871, Pampb. L. 728, entitled “An Act regulating the mode of granting licenses to taverns, brewers and vendors of liquors with or without other goods in the…
1Opinion of the CourtJustice Sterrett
The contention of the plaintiff in error is that the sales of intoxicating liquors, alleged to have been made without license in Mercer county and for which he was convicted and sentenced, were not made in that county, but in the city of Erie; and that, upon the uncontradicted testimony in the case, the jury could not have found otherwise if they had been properly instructed as to the legal effect of the evidence.
The plaintiff in error had no license,-and the only fact which it was incumbent on the Commonwealth to prove was that he sold intoxicating liquors in the county of Mercer, as charged…
2Cases cited1 opinion
- Finch v. MansfieldMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Commonwealth v. HessSupreme Court of Pennsylvania · 1892
- Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889
- Banks v. StateIndiana Supreme Court · 1919
- Perlman & Co. v. Sartorius & Co.Supreme Court of Pennsylvania · 1894
- In re Pittsburgh Industrial Iron WorksDistrict Court, W.D. Pennsylvania · 1910
6 more not listed; retrieve them via the Exa API.