Kane v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Montgomery county: Of January Term 1879, No. 28. Francis Kane, who kept a tavern in Norristown, was indicted for selling liquor on election day, in violation of section 11 of the Act of April 12th 1875, Pamph. L. 42, which provides: “ It shall not be lawful for any person, with or without a license, to sell to any person any intoxicating drink on any day on which elections are now required to be held.”
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Error to the Court of Quarter Sessions of Montgomery county: Of January Term 1879, No. 28. Francis Kane, who kept a tavern in Norristown, was indicted for selling liquor on election day, in violation of section 11 of the Act of April 12th 1875, Pamph. L. 42, which provides: “ It shall not be lawful for any person, with or without a license, to sell to any person any intoxicating drink on any day on which elections are now required to be held.” The defendant pleaded “ Not guilty.” At the trial it appeared that the liquor was sold in the evening of election day, after the polls were closed, and…
1Opinion of the CourtChief Justice Sharswood
*525None of the specifications of error are sustained except the fourth and ninth — the refusal of the court to charge as requested in the third point — and the instruction in the charge on the same subject. We have no doubt that the court were right that the word “ day,” as used in the eleventh section of the Act of April 12th 1875, Pamph. L. 42, includes the whole twenty-four hours of the day upon which an election is held.
We are of opinion that the learned judge committed an error in declining to affirm the defendant’s third point, that the jury in the case were judges of the law and the…
2Cases cited1 opinion
- State v. CroteauSupreme Court of Vermont · 1849
3Cited by20 opinions
- Skidmore v. Baltimore & OR Co.Court of Appeals for the Second Circuit · 1948
- Slansky v. StateCourt of Appeals of Maryland · 1949
- Schofield Discipline CaseSupreme Court of Pennsylvania · 1949
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
- Commonwealth v. CastellanaSupreme Court of Pennsylvania · 1923
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