Legal Opinion

Commonwealth v. Foley

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeals, Nos. 16 and 17PublishedCited by 19 opinions

Appeals, Nos. 16 and 17, April T., 1904, by defendant, from judgment of Q. S. Allegheny Co., on verdict of not guilt)r in case of Commonwealth v. Frances Foley. Indictment for selling liquor without a licence, selling liquor on Sunday, and keeping a disorderly house. Before Evans, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Error assigned was in overruling motion in arrest of judgment.

1Opinion of the Court

Opinion by

Orlady, J.,

Indictments were found against the defendant for selling liquor without a license, selling liquor on Sunday, and for keeping a disorderly house. The three cases were tried together before a single jury. When the district attorney said in his closing argument: “ You have this woman here without denial,” he was promptly interrupted by counsel for the defendant and an exception taken to the statement. The court stated as follows: “ The above remark having been made by the district attorney while discussing the charge in the indictment against the defendant for keeping a…

2Cases cited3 opinions

  1. Graves v. United StatesSupreme Court of the United States · 1893
  2. Wilson v. United StatesSupreme Court of the United States · 1893
  3. Boyle v. Smithman, Pennsylvania Court of Common Pleas, Butler County1892

3Cited by19 opinions

  1. Commonwealth v. KloiberSupreme Court of Pennsylvania · 1954
  2. Commonwealth v. HolleySupreme Court of Pennsylvania · 1947
  3. In Re Adjudication of Contempt of MyersSuperior Court of Pennsylvania · 1924
  4. Commonwealth v. REICHARDSuperior Court of Pennsylvania · 1967
  5. Commonwealth v. ThomasSupreme Court of Pennsylvania · 1922

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