Legal Opinion

Commonwealth v. Holstine

Supreme Court of Pennsylvania

Decided February 17, 1890No. 102PublishedCited by 50 opinions

APPEAL BY DEFENDANT FROM THE COURT OF QUARTER SESSIONS OF MONTGOMERY COUNTY. No. 102 January Term 1890, Sup. Ct.; court below, No. 93 June Term 1889, Q. S. On June 6, 1889, the grand jury returned. as a true bill an indictment charging Charles Holstine with the offence of selling liquors without a license in the county- of Montgomery.

Read the full summary

APPEAL BY DEFENDANT FROM THE COURT OF QUARTER SESSIONS OF MONTGOMERY COUNTY. No. 102 January Term 1890, Sup. Ct.; court below, No. 93 June Term 1889, Q. S. On June 6, 1889, the grand jury returned. as a true bill an indictment charging Charles Holstine with the offence of selling liquors without a license in the county- of Montgomery. On October 7, 1889, the defendant, being called for trial, entered a plea of non volo contendere, and the case was thereupon heard by the court, Weand, J., upon the following agreed statement of facts: “ The defendant, as the driver and agent of George W. Otto,…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

The defendant, appellant, was indicted in the court below for selling liquor without a license. To this indictment he pleaded non volo contendere. This, although not technically a plea of guilty, is so in substance, and justifies the court in imposing sentence: Buck v. Commonwealth, 107 Pa. 486. We may therefore safely pass by the somewhat elaborate argument to show that the defendant was not guilty, with the single remark that it is not necessary to sustain a conviction for selling intoxicating liquors under the act of 1887 for the commonwealth to prove a…

2Cases cited2 opinions

  1. Buck v. CommonwealthSupreme Court of Pennsylvania · 1884
  2. Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889

3Cited by50 opinions

  1. Commonwealth v. KoczwaraSupreme Court of Pennsylvania · 1959
  2. Hudson v. United StatesSupreme Court of the United States · 1926
  3. Commonwealth v. WeissSupreme Court of Pennsylvania · 1891
  4. Tucker v. United StatesCourt of Appeals for the Seventh Circuit · 1912
  5. Peel v. StateDistrict Court of Appeal of Florida · 1963

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API