Commonwealth v. Fleming
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OP MERCER COUNTY. No. 60 October Term 1889, Sup. Ct.; court below, No. 84 January Term 1889, Q. S. At January Term 1889, tbe grand jury returned as a true bill an indictment, based upon a constable’s return and charging that on January 5, 1889, at the county, etc., Joseph Fleming “ did unlawfully sell and cause to be sold vinous, spirituous, malt and brewed liquors, and admixtures thereof, without having first then and…
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APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OP MERCER COUNTY. No. 60 October Term 1889, Sup. Ct.; court below, No. 84 January Term 1889, Q. S. At January Term 1889, tbe grand jury returned as a true bill an indictment, based upon a constable’s return and charging that on January 5, 1889, at the county, etc., Joseph Fleming “ did unlawfully sell and cause to be sold vinous, spirituous, malt and brewed liquors, and admixtures thereof, without having first then and there obtained a license agreeably to law for that purpose,” contrary, etc. The defendant, having been arrested and…
1Dissent
Opinion dissenting,
Mb.' Justice Williams :
At the license term of the Court of Quarter Sessions for the county of Mercer in 1888, all applications from the borough of Mercer were refused. Within a few days after such refusal, the defendant, who holds a license authorizing sales by the quart and larger measure in the city of Pittsburgh, went to Mercer, and gave public notice through the local papers, and by circulars distributed from house to house, that he would supply the' people of that region with liquors by the quart and upwards by express, C. O. D. A trade sprang up at once, which soon…
2Cases cited4 opinions
- The Venus, Rae, MasterSupreme Court of the United States · 1814
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
- Commonwealth v. GreenfieldMassachusetts Supreme Judicial Court · 1876
- Pennsylvania R. Co. v. Stern & SpiegelSupreme Court of Pennsylvania · 1888