Legal Opinion

Commonwealth v. Hess

Supreme Court of Pennsylvania

Decided March 28, 1892No. Appeals, Nos. 74 and 75PublishedCited by 19 opinions

Appeals, Nos. 74 and 75, Jan. T., 1892, by defendants, Francis Hess and George Ginader, from judgments of Q. S. Montgomery Co., Oct. T., 1891, Nos. 52 and 50. Indictments for selling liquor without a license. The facts and the charge of the court, Svyabtz, P. J., appear by the opinion of the Supreme Court. The defendants, though separately indicted, were tried together. Yerdict guilty and judgment thereon. Defendants appealed.

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Appeals, Nos. 74 and 75, Jan. T., 1892, by defendants, Francis Hess and George Ginader, from judgments of Q. S. Montgomery Co., Oct. T., 1891, Nos. 52 and 50. Indictments for selling liquor without a license. The facts and the charge of the court, Svyabtz, P. J., appear by the opinion of the Supreme Court. The defendants, though separately indicted, were tried together. Yerdict guilty and judgment thereon. Defendants appealed. Errors assigned were (1) the charge of the court, quoting it; (2) entering judgment in favor of the commonwealth and against the defendants, upon the verdict returned…

1Opinion of the Court

Opinion by

Me. Ciitee Justice Panson,

The defendant was convicted in the court below of selling liquor without a license. The whole case is developed by the specification of error, which is as follows:

“ The court erred in its charge to the jury upon the following facts in the case, the whole of which charge is specified as error, and which is as follows: ‘ Upon the uncontradicted facts as established by the commonwealth, and not denied by the defence, which are as follows: Francis Hess has a bottler’s license in the city of Philadelphia, doing business at No. 2440 Mascher street, in said city;…

2Cases cited15 opinions

  1. Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
  2. Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
  3. Leonard v. DavisSupreme Court of the United States · 1862
  4. Pleasants v. PendletonSupreme Court of Virginia · 1828
  5. De Bow v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845

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3Cited by19 opinions

  1. Commonwealth v. LaddSupreme Court of Pennsylvania · 1960
  2. Commonwealth v. SchmunkSuperior Court of Pennsylvania · 1903
  3. Perkins ex rel. Bank of Commerce v. HalprenSupreme Court of Pennsylvania · 1917
  4. Collins v. OliverSupreme Court of Pennsylvania · 1930
  5. Commonwealth v. GuinzburgSuperior Court of Pennsylvania · 1911

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