Legal Opinion

Commonwealth v. Curry

Superior Court of Pennsylvania

Decided April 19, 1897No. Appeal, No. 22PublishedCited by 19 opinions

Appeal, No. 22, Oct. T., 1897, by plaintiff, from judgment of Q. S. Chester Co., Oct. Sess., 1896, - — , setting aside verdict for defendant. Indictment for violation of the pure food law. Before Hemp-hill, J. The defendant kept a grocery in the borough of West Chester and was indicted in the quarter sessions for violation of the Act of June 26, 1895, P. L. 317, and upon trial was convicted upon two counts of the indictment.

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Appeal, No. 22, Oct. T., 1897, by plaintiff, from judgment of Q. S. Chester Co., Oct. Sess., 1896, - — , setting aside verdict for defendant. Indictment for violation of the pure food law. Before Hemp-hill, J. The defendant kept a grocery in the borough of West Chester and was indicted in the quarter sessions for violation of the Act of June 26, 1895, P. L. 317, and upon trial was convicted upon two counts of the indictment. A motion was filed for a new trial and among other reasons therefor, the defendant .contended that the act of assembly under which the indictment was framed is…

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant was convicted on an indictment framed under the Act of June 26, 1895, P. L. 317, in which it was charged that he “ unlawfully then and there did sell and offer for sale, as and for, and in imitation of, and under the name of olive oil, used for food by man, a large quantity .... of a certain adulterated article and compound, the name and components of the said adulterated article and compound being to this grand inquest as yet unknown; ” and in a second count “ unlawfully did then and there sell and offer for sale, as and for olive oil, used for food by man,…

2Cases cited10 opinions

  1. Kelley v. Mayberry TownshipSupreme Court of Pennsylvania · 1893
  2. Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890
  3. Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
  4. Chunk v. McGeeSupreme Court of Pennsylvania · 1876
  5. Pennsylvania Railroad v. PriceSupreme Court of Pennsylvania · 1881

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Com. of Penna. v. BensonSuperior Court of Pennsylvania · 1928
  2. Premier Cereal & Beverage Co. v. Pennsylvania Alcohol Permit BoardSupreme Court of Pennsylvania · 1928
  3. Greenbush Cemetery Ass'n v. Van NattaIndiana Court of Appeals · 1911
  4. Commonwealth v. MintzSuperior Court of Pennsylvania · 1902
  5. Commonwealth v. ObenrederSuperior Court of Pennsylvania · 1941

14 more not listed; retrieve them via the Exa API.

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