Commonwealth v. Hand
Superior Court of Pennsylvania
Appeal, No. 22, March T., 1915, by defendant, from judgment of Q. S. Lackawanna Co., Oct. Sessions, 1914, No. 484, on verdict of guilty in case of Commonwealth v. Edward Hand and Rose Hand. Indictment for selling liquor without a license.
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Appeal, No. 22, March T., 1915, by defendant, from judgment of Q. S. Lackawanna Co., Oct. Sessions, 1914, No. 484, on verdict of guilty in case of Commonwealth v. Edward Hand and Rose Hand. Indictment for selling liquor without a license. Before Edwards, P. J. At the trial counsel for Mrs. Hand presented the following points: 1. If the jury believe that Edward Hand was in or about the house on May 30, 1914, when the selling in this case was done, and did direct the defendant to sell, they should acquit Rose Hand. 2. The presumption in this case is that the wife acted under compulsion of her…
1Opinion of the Court
Opinion by
Orlady, J.,
A single count indictment charged Edward Hand, and Rose Hand, his wife, with selling liquor without a license; to which the defendants pleaded not guilty. The counsel of the wife requested the trial judge to charge that as the husband was in and about the house at the time the sales were made, the presumption was that the wife acted under compulsion of her husband, and that the burden of proof that she was so acting, was upon the commonwealth, and the fact that she was acting independent of the husband’s will must be established beyond a reasonable doubt, in order to…
2Cases cited1 opinion
- Ide v. Township of LakeSupreme Court of Pennsylvania · 1899
3Cited by5 opinions
- United States v. AnthonyDistrict Court, M.D. Pennsylvania · 1956
- Commonwealth v. LockettSupreme Court of Pennsylvania · 1927
- Commonwealth v. EsperSuperior Court of Pennsylvania · 1921
- Commonwealth v. JonesLehigh County Court of Quarter Sessions · 1954
- Commonwealth v. Zankl, Pennsylvania Court of Common Pleas, Lancaster County1970