Commonwealth v. Reyburg
Supreme Court of Pennsylvania
ERROR TO THE COURT OF QUARTER SESSIONS OF WARREN COUNTY. • No. 228 January Term 1888, Sup. Ct.; court below, No. 28 September Term 1887, Q. S. On September 8,1887, an indictment, based upon a constable’s return, charging that Charles Reyburg, on .September 1, 1887, “ did sell and offer for sale vinous, spirituous, malt and brewed liquors and various admixtures thereof, without first obtaining ” a license therefor, contrary, etc., was found a true bill.
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ERROR TO THE COURT OF QUARTER SESSIONS OF WARREN COUNTY. • No. 228 January Term 1888, Sup. Ct.; court below, No. 28 September Term 1887, Q. S. On September 8,1887, an indictment, based upon a constable’s return, charging that Charles Reyburg, on .September 1, 1887, “ did sell and offer for sale vinous, spirituous, malt and brewed liquors and various admixtures thereof, without first obtaining ” a license therefor, contrary, etc., was found a true bill. The defendant, having been arrested and brought into court, pleaded not guilty, and issue was joined. There was another issue pending upon a…
1Opinion of the Court
Opinion,
Mk. Justice Gbeer:
The only question in this ease is whether cider is a “ vinous ” or “ spirituous ” liquor. It certainly is not “ malt ” or “ brewed,” and as the act of 1887 under which the indictment in this case is framed, defines only these four kinds of liquor as those which require a license to validate their sale, the only inquiry *304arising is whether cider, which the defendant did sell, is a. vinous or spirituous liquor.
The learned court below charged the jury that there was no-evidence that it was intoxicating, or that it had an intoxicating effect, and therefore the defendant…
2Cited by8 opinions
- Commonwealth v. VigliottiSuperior Court of Pennsylvania · 1921
- Commonwealth v. VigliottiSupreme Court of Pennsylvania · 1921
- Commonwealth v. WenzelSuperior Court of Pennsylvania · 1904
- Varner v. StateIndiana Court of Appeals · 1929
- In re RiffleSuperior Court of Pennsylvania · 1920
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