Commonwealth v. Fleming
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OP MERCER COUNTY. No. 60 October Term 1889, Sup. Ct.; court below, No. 84 January Term 1889, Q. S. At January Term 1889, tbe grand jury returned as a true bill an indictment, based upon a constable’s return and charging that on January 5, 1889, at the county, etc., Joseph Fleming “ did unlawfully sell and cause to be sold vinous, spirituous, malt and brewed liquors, and admixtures thereof, without having first then and…
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APPEAL BY DEPENDANT PROM THE COURT OP QUARTER SESSIONS OP MERCER COUNTY. No. 60 October Term 1889, Sup. Ct.; court below, No. 84 January Term 1889, Q. S. At January Term 1889, tbe grand jury returned as a true bill an indictment, based upon a constable’s return and charging that on January 5, 1889, at the county, etc., Joseph Fleming “ did unlawfully sell and cause to be sold vinous, spirituous, malt and brewed liquors, and admixtures thereof, without having first then and there obtained a license agreeably to law for that purpose,” contrary, etc. The defendant, having been arrested and…
1Opinion of the Court
Opinion,
Mb. Justice Gbeen:
In the case of Garbracht v. Commonwealth, 96 Pa. 449, which *156was an indictment for selling liquor without license, we held that “ the place of sale is the point at which goods ordered or purchased are set apart and delivered to the purchaser, or to a common carrier, who, for the purposes of delivery, represents him.” In that case the order for the liquor was solicited and obtained by the defendant in the county of Mercer, but was sent to his principal, who was a liquor dealer in the county of Erie. The order was executed by the principal, who, in the county of Erie,…
2Cases cited3 opinions
- Higgins v. . MurrayNew York Court of Appeals · 1878
- Garbracht v. CommonwealthSupreme Court of Pennsylvania · 1881
- Gerbracht v. CommonwealthSupreme Court of Pennsylvania · 1882
3Cited by17 opinions
- Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
- Commonwealth v. HessSupreme Court of Pennsylvania · 1892
- United States v. Adams Exp. Co.District Court, S.D. Iowa · 1902
- Jones v. United StatesCourt of Appeals for the Fourth Circuit · 1909
- Wirgman v. Provident Life & Trust Co.West Virginia Supreme Court · 1917
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