Commonwealth v. Seiler
Superior Court of Pennsylvania
Appeal, No. 4, Oct. T., 1902, by defendant, from judgment of C. P. Northumberland Co., Dec. Term, 1901, No. 55, on verdict'for plaintiff on case of Commonwealth v. D. G. Seiler. Indictment for selling renovated butter without a license. The court charged in part as follows: [Now, I have been asked by council for the defendant, first in a motion to quash and now again in requests to charge, to hold this act of 1901 unconstitutional.
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Appeal, No. 4, Oct. T., 1902, by defendant, from judgment of C. P. Northumberland Co., Dec. Term, 1901, No. 55, on verdict'for plaintiff on case of Commonwealth v. D. G. Seiler. Indictment for selling renovated butter without a license. The court charged in part as follows: [Now, I have been asked by council for the defendant, first in a motion to quash and now again in requests to charge, to hold this act of 1901 unconstitutional. With that question you have nothing whatever to do; the constitutionality of the law is never a matter to be submitted to the jury; it is not the province of…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff was convicted of selling “ renovated butter " in violation of the provisions of the Act of July 10,1901, P. L. 643, in which it is provided: “ Section 1. That for the purposes of this act certain food product usually known as ‘boiled’ or ‘process’ butter, produced by taking original packing stock and other butter and melting the same, so that the butter oil can be drawn off, mixed with milk or skimmed milk or other material and, by emulsion or other process, produce butter, and butter produced by any similar process and commonly known as ‘ boiled ’ or ‘…
2Cases cited6 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Powell v. CommonwealthSupreme Court of Pennsylvania · 1887
- Commonwealth v. DiefenbacherSuperior Court of Pennsylvania · 1900
- Commonwealth v. VandykeSuperior Court of Pennsylvania · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. Liberty Products Co.Superior Court of Pennsylvania · 1924
- Com. v. MacKill (Et Al.)Superior Court of Pennsylvania · 1935
- Commonwealth v. HeltDauphin County Court of Quarter Sessions · 1936
- Commonwealth v. MackillSuperior Court of Pennsylvania · 1936
- Commonwealth v. MishlerSomerset County Court of Quarter Sessions · 1925
1 more not listed; retrieve them via the Exa API.