Commonwealth v. Tick, Inc.

Dissenting Opinion by

Mr. Justice Cohen :

This Court should not compound the error of its previous disposition of this case: Commonwealth v. Tick, Inc., 427 Pa. 120, 233 A. 2d 866 (1967) (Eagen, J., dissenting, joined in by Copien, J. and O’Brien, J.), by attempting to punish appellants under a “statute which was not intended to punish personal guilt.”1 The Pennsylvania statute2 under which this action in equity was brought and the decree sought is patterned nearly word for word after section 22 of the National *429Prohibition Act, October 28, 1939, c.85, §22, 41 Stat. 314.3

*430Thus, in interpreting…