Legal Opinion

Commonwealth v. McComb

Superior Court of Pennsylvania

Decided May 10, 1909No. Appeal, No. 148PublishedCited by 6 opinions

Appeal, No. 148, Oct. T., 1908, by plaintiff, from order of Q. S. Delaware Co., Miscellaneous Quarter Sessions Docket 316, setting aside summary conviction in case of Commonwealth v. Thomas W. McComb. Appeal from summary conviction. The opinion of the Superior Court state the case. Error assigned was in discharging the prisoner.

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant was arrested, taken before an alderman of the city of Chester, and convicted of violating the provisions *413of the following act of assembly: “An Act prohibiting the usé of automatic guns for the killing of game or wild birds within this commonwealth,” and prescribing a penalty for the violation of its provisions.

Section 1, “Be it enacted, etc., that from and after the passage of this act, it shall be unlawful for any person to use what is commonly known as an automatic gun for the killing of game within this commonwealth. Each and every person violating any…

2Cases cited14 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Lawton v. SteeleSupreme Court of the United States · 1894
  3. Barbier v. ConnollySupreme Court of the United States · 1884
  4. Plumley v. MassachusettsSupreme Court of the United States · 1894
  5. New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897

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3Cited by6 opinions

  1. Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
  2. Commonwealth v. WadzinskiSupreme Court of Pennsylvania · 1978
  3. Commonwealth v. Lodge No. 148 Loyal Order of MooseSuperior Court of Pennsylvania · 1959
  4. Commonwealth v. PapsoneSuperior Court of Pennsylvania · 1910
  5. Commonwealth v. FlexerBucks County Court of Quarter Sessions · 1952

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