Ludwick v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county, in the matter of Samuel Ludwick. Upon a commission issued from the said Court, Samuel Ludwick had been found to be an habitual drunkard. Such finding was traversed by him when the inquisition came up for confirmation. On the trial, it was proved that the defendant very frequently got drunk, but there was little or no evidence to show that he had ever squandered or wasted his estate.
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Error to the Common Pleas of Westmoreland county, in the matter of Samuel Ludwick. Upon a commission issued from the said Court, Samuel Ludwick had been found to be an habitual drunkard. Such finding was traversed by him when the inquisition came up for confirmation. On the trial, it was proved that the defendant very frequently got drunk, but there was little or no evidence to show that he had ever squandered or wasted his estate. The question mostly discussed was, whether the jury ought not to be satisfied that the defendant, by reason of habitual drunkenness, was incapable of taking care…
1Opinion of the Court
The opinion of the Court was delivered, by
Rogers, J.
To constitute an habitual drunkard, it is not necessary that a man should be always drunk. It is impossible to lay down any fixed rule as to when a man shall be deemed an habitual drunkard. It must depend upon the decision of the jury, under the direction of the Court. It may, however, be safely said, that to bring a man within the meaning of the Act, it is not necessary he should be always drunk. Occasional acts of drunkenness, as the Judge says, do not make one an habitual drunkard. Nor is it necessary he should be continually in an…
2Cited by6 opinions
- In Re NewbernCalifornia Supreme Court · 1960
- Guardianship of GordonCalifornia Court of Appeal · 1943
- Roussel v. HubbardCalifornia Court of Appeal · 1950
- Leonard v. LeonardSupreme Court of Iowa · 1936
- In re Fitzgerald, Pennsylvania Court of Common Pleas, Fayette County1949
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