Commonwealth v. Smith
Superior Court of Pennsylvania
Appeal, No. 15, April T., 1897, by defendant, from judgment of Q. S. Washington Co., Nov. Sess., 1895, No. 84, on verdict of guilty. Quarterly return of W. S. Tidball, constable of tlie second ward of Monongahela City, made to court of quarter sessions, Washington county charging tippling and unlicensed houses. “ Joseph Smith and Joseph Kloman are selling whisky and beer without a license.”
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Appeal, No. 15, April T., 1897, by defendant, from judgment of Q. S. Washington Co., Nov. Sess., 1895, No. 84, on verdict of guilty. Quarterly return of W. S. Tidball, constable of tlie second ward of Monongahela City, made to court of quarter sessions, Washington county charging tippling and unlicensed houses. “ Joseph Smith and Joseph Kloman are selling whisky and beer without a license.” Before Taylor, J. There was evidence establishing or tending to show the following facts: The defendant was a member, and the janitor or steward of a chartered association styled “ Turn and Gesang Yerein…
1Opinion of the Court
Opinion by
Rice, P. J.,
We agree with the court below in holding that the system of checks adopted by this association did not make the transaction essentially different from what it would have been if the members had paid the janitor or steward directly for the liquor furnished, and he had turned over the money to the association. We agree also, that if the object of an association is merely to provide members with a convenient method of obtaining intoxicating drinks whenever they desire them and if the form of membership is no more than a pretense, so that any person without discrimination…
2Cases cited6 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Klein v. Livingston ClubSupreme Court of Pennsylvania · 1896
- Commonwealth v. WeberSupreme Court of Pennsylvania · 1895
- Commonwealth v. WindishSupreme Court of Pennsylvania · 1896
- Battles v. SlineySupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
- Commonwealth v. StriepekeSuperior Court of Pennsylvania · 1906
- State v. Country ClubCourt of Appeals of Texas · 1914
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
- Shanahan v. Agricultural InsuranceSuperior Court of Pennsylvania · 1897
9 more not listed; retrieve them via the Exa API.