Commonwealth v. Loesch
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1893, by defendant, A. Loeseb, from judgment of Q. S. Montgomery Co., June T., 1892, No. 81, on an indictment for selling liquor without a license. Indictment for selling liquor without a license, and on Sunday. The facts appear by the charge as follows, by Swartz, P. J.: “The Germania Turnverein, a chartered organization for gymnastic training and social enjoyment, has its hall or place of business in Philadelphia.
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Appeal, No. 163, Jan. T., 1893, by defendant, A. Loeseb, from judgment of Q. S. Montgomery Co., June T., 1892, No. 81, on an indictment for selling liquor without a license. Indictment for selling liquor without a license, and on Sunday. The facts appear by the charge as follows, by Swartz, P. J.: “The Germania Turnverein, a chartered organization for gymnastic training and social enjoyment, has its hall or place of business in Philadelphia. A committee of the organization leased the grove atFairview Heights, Montgomery county, for holding its annual picnic. The picnic was held on Sunday, May…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
There is no real inconsistency between the answer of the court below to the defendant’s point, and the general charge. The point asserted that the uncontradicted evidence established certain facts, viz.: that the defendant was a member of the Germania Turnverein ; that this society was organized in good faith and for certain lawful purposes, and was the owner of a valuable club house ; that it was holding its annual picnic on Sunday, May 29, 1892, in Montgomery county; and that the act of the defendant was the sale of tickets on that day to fellow members which…
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