Legal Opinion

Commonwealth v. Rothermel

Superior Court of Pennsylvania

Decided April 17, 1905No. Appeal, No. 40PublishedCited by 5 opinions

Appeal, No. 40, Jan. T., 1905, by plaintiff!, from order of Q.' S. Wyoming Co., Oct. T., 1903, No. 11, refusing motion in arrest of judgment in case of Commonwealth v. W. H. Rothermel. Indictment for fishing on Sunday. Motion in arrest of judgment. Before Dunham, P. J. Error assigned was in overruling motion in arrest of judgment.

1Opinion of the Court

Opinion by

Smith, J.,

Section 17 of the Act of June 3, 1878, P. L. 160, provides that “ There shall be no hunting or shooting or fishing on the first day of th'e week, called Sunday, and any person offending ■against the provisions of this section shall be liable to a penalty of twenty-five dollars.”

The defendant, having been convicted of fishing on Sunday, contends that this act is unconstitutional (1), in containing two subjects, game and game fish; (2) in that the subject of the 17th section is not clearly expressed in the title; and also that this section is repealed by section 48 of the…

2Cases cited3 opinions

  1. Commonwealth v. JonesSuperior Court of Pennsylvania · 1897
  2. Commonwealth v. SellersSupreme Court of Pennsylvania · 1889
  3. Commonwealth v. SilvermanSupreme Court of Pennsylvania · 1891

3Cited by5 opinions

  1. Commonwealth v. KenneySuperior Court of Pennsylvania · 1907
  2. Commonwealth v. RinkSuperior Court of Pennsylvania · 1919
  3. Commonwealth v. ClymerSuperior Court of Pennsylvania · 1906
  4. Commonwealth v. GeorgeSuperior Court of Pennsylvania · 1915
  5. Commonwealth v. DryfoosLuzerne County Court of Quarter Sessions · 1951

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