Legal Opinion

Commonwealth v. Boyer

Philadelphia County Court of Quarter Sessions

Decided January 12, 1940No. 1173PublishedCited by 1 opinion

1Opinion of the Court

Levinthal, J.,

Defendants were jointly indicted for unlawfully possessing alcoholic liquor. Included in the indictment were counts charging that defendants Duff and Julius Boyer on prior occasions had pleaded guilty to and were sentenced for violations of the Pennsylvania Liquor Control Act, under which the penalty for a second conviction is considerably heavier than that for the first offense: Pennsylvania Liquor Control Act of June 16, 1937, P. L. 1762, sec. 610, 47 PS §744-610. Contending that the inclusion of such averments in the indictment is not only highly prejudicial but also…

2Cases cited19 opinions

  1. Graham v. West VirginiaSupreme Court of the United States · 1912
  2. McDonald v. MassachusettsSupreme Court of the United States · 1901
  3. People v. GowaskyNew York Court of Appeals · 1927
  4. State v. FerroneSupreme Court of Connecticut · 1921
  5. People v. . SicklesNew York Court of Appeals · 1898

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3Cited by1 opinion

  1. Commonwealth v. MosesSupreme Court of Pennsylvania · 1970

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