Gerbracht v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Meroer County. Indictment of John Gerbracht by the Commonwealth of Pennsylvania for selling liquor without a license. The facts of the case were as follows: Gerbracht was indicted in the Quarter Sessions of Mercer County, duly tried, convicted, and sentenced.
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Error to the Court of Quarter Sessions of Meroer County. Indictment of John Gerbracht by the Commonwealth of Pennsylvania for selling liquor without a license. The facts of the case were as follows: Gerbracht was indicted in the Quarter Sessions of Mercer County, duly tried, convicted, and sentenced. To this judgment a writ of error was taken, and after argument the Supreme Court reversed the judgment of the Quarter Sessions, on the ground that the sales for which plaintiff in error was indicted, were made in Erie and not in Mercer County, and that he had violated no law of this State unless…
1Per curiam
The evidence on the trial below was different from what was presented on the record when the case was here before. Our brother Sterrett, in the opinion in the cáse, said: “ If there had been evidence to show that he [the agent] delivered any whiskey in the latter [Mercer] County, or agreed to do so, and his agreement was carried out by his principal, a different case would be presented.” Jacobson’s testimony was certainly to this effect. The case, therefore, was properly submitted to the jury. The special plea of the defendant was rightly overruled, under the act of March 31st, 1860, § 61.
Judg…
2Cited by1 opinion
- Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889