Commonwealth v. Moses

Dissenting Opinion by

Hoffman, J.:

I join in Judge Montgomery's well-reasoned dissenting opinion. The Commonwealth argues in its brief, however, that even if Judge Montgomery is correct, appellant has waived the question.

Appellant was tried for a violation of the Liquor Code, Act of April 12, 1951, P. L. 90, Art. IY, §406, as amended, 47 P.S. §4-406. His bill of indictment contained no reference to a prior violation of the Code. After conviction and before sentence, appellant moved for a new trial. His motion having been denied, appellant was sentenced. From judgment of sentence, he brings this…