Commonwealth v. Swihart
Supreme Court of Pennsylvania
-ARPEAR BY DEFENDANT FBOM THE COTXBT OF QUAETEB SESSIONS OF WASHINGTON COUNTY. No. 191 October Term 1890, Sup. Ct.; court below, No. 26 August Term 1890, Q. S. On August 22,1890, the grand jury returned as a true bill an indictment charging Joseph Swihart with selling liqnor without license. The defendant pleaded not guilty.
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-ARPEAR BY DEFENDANT FBOM THE COTXBT OF QUAETEB SESSIONS OF WASHINGTON COUNTY. No. 191 October Term 1890, Sup. Ct.; court below, No. 26 August Term 1890, Q. S. On August 22,1890, the grand jury returned as a true bill an indictment charging Joseph Swihart with selling liqnor without license. The defendant pleaded not guilty. At the trial on August 26,1890, the commonwealth called two witnesses, who testified to the purchase of liquors from the defendant at a store kept by him in the borough of Washington, one of them a quart of whiskey, and the other a quart of gin. In each instance, the…
1Opinion of the Court
*633OpinioN,
Mr. Chief Justice Paxson :
The defendant was convicted in the court below for selling liquors without a license. His defence was that he was selling in original packages, as the agent of a firm outside the state. The proof was that he received the liquors in bottles packed in boxes, sometimes a hundred bottles in a box; that he took them out and placed them on a shelf, and sold them by the single bottle, quarts and pints. Upon the trial below, the court affirmed both of defendant’s points, and instructed the jury that if he was the agent of an importer, and the sales were in the…
2Cited by1 opinion
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