Legal Opinion

Commonwealth v. Amato

Superior Court of Pennsylvania

Decided October 1, 1923No. Appeal, 13PublishedCited by 4 opinions

Appeal, No. 13, April T., 1923, by defendant, from judgment and sentence of Q. S. Venango Co., No. 24, April T., 1923, on verdict of guilty in the ease of Commonwealth of Pennsylvania v. James Amato. Indictment under the Act of March 27, 1923, P. L. 34, charging the unlawful possession and transportation of intoxicating liquor. Before Criswell, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment and sentence was passed.

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Appeal, No. 13, April T., 1923, by defendant, from judgment and sentence of Q. S. Venango Co., No. 24, April T., 1923, on verdict of guilty in the ease of Commonwealth of Pennsylvania v. James Amato. Indictment under the Act of March 27, 1923, P. L. 34, charging the unlawful possession and transportation of intoxicating liquor. Before Criswell, P. J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment and sentence was passed. Defendant appealed. Errors assigned, among others, were the charge of the court and refusal to direct a verdict in favor of…

1Opinion of the Court

Opinion by

Porter, J.,

The appellant was convicted upon an indictment containing two counts; the first charging the unlawful possession of intoxicating liquor for beverage purposes, and the second the transportation of such liquor for beverage purposes. There was a general verdict of guilty, but as the evidence was that the possession was during the course of transportation, the court very properly imposed but a single sentence, from which we have this appeal.

The appellant thus states the questions alleged to be involved in this appeal. “1st. Did the court err in holding that the Commonwealth…

2Cases cited3 opinions

  1. Mesta Machine Co. v. Dunbar Furnace Co.Supreme Court of Pennsylvania · 1915
  2. Commonwealth v. BerrymanSuperior Court of Pennsylvania · 1919
  3. Commonwealth v. FinchSuperior Court of Pennsylvania · 1923

3Cited by4 opinions

  1. Commonwealth v. SchwartzSuperior Court of Pennsylvania · 1923
  2. Commonwealth v. MazarellaSuperior Court of Pennsylvania · 1925
  3. Commonwealth v. HaldemanSupreme Court of Pennsylvania · 1926
  4. Commonwealth v. HaldemanSuperior Court of Pennsylvania · 1926

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