Legal Opinion

Commonwealth v. Diefenbacher

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 214PublishedCited by 8 opinions

Appeal, No. 214, April T., 1900, by defendant, in suit df Commonwealth of Pennsylvania, against M. M. Diefenbacher, from judgment of Q. S. Erie Co., Feb. Sess., 1900, No. 13, on verdict of guilty. Opinion by Rige, P. J. Indictment for unlawful sale of oleomargarine and butterine. The facts sufficiently appear in the opinion of the court. Verdict of guilty and sentence thereon to pay a fine of $100 and costs of prosecution. Defendant appealed.

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Appeal, No. 214, April T., 1900, by defendant, in suit df Commonwealth of Pennsylvania, against M. M. Diefenbacher, from judgment of Q. S. Erie Co., Feb. Sess., 1900, No. 13, on verdict of guilty. Opinion by Rige, P. J. Indictment for unlawful sale of oleomargarine and butterine. The facts sufficiently appear in the opinion of the court. Verdict of guilty and sentence thereon to pay a fine of $100 and costs of prosecution. Defendant appealed. Errors assigned among others were (1) the court below should have held that the act of May 5,1899, is unconstitutional and in violation of the…

1Opinion of the Court

Opinion by

Rice, P. J.,

The defendant was indicted and convicted in the court of quarter sessions for a violation of the provisions of the Act of May 5,1899, P. L. 241, entitled, “ An act to regulate the manufacture and sale of oleomargarine and butterine and other similar products, to prevent fraud and deception by the manufacture and sale thereof as an imitation of butter, the licensing of manufacturers of and dealers in the same, and providing punishment for violation of the act and the means for its enforcement.” It appeared on the trial, that the defendant had been sued before an alderman…

2Cases cited2 opinions

  1. People v. StevensNew York Supreme Court · 1835
  2. Commonwealth v. VandykeSuperior Court of Pennsylvania · 1900

3Cited by8 opinions

  1. Commonwealth v. State Loan Corp.Superior Court of Pennsylvania · 1934
  2. Commonwealth v. McDermottSuperior Court of Pennsylvania · 1908
  3. Commonwealth v. SeilerSuperior Court of Pennsylvania · 1902
  4. Com. v. MacKill (Et Al.)Superior Court of Pennsylvania · 1935
  5. Commonwealth v. Dresser Manufacturing Co., Pennsylvania Environmental Hearing Board1973

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