Commonwealth v. Esper
Superior Court of Pennsylvania
Appeal, Nos. 72 and 78, April T., 1921, by defendants, from judgment of Q. S. Fayette County, June Sessions, 1920, No. 96, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Mike Esper and Marchie Esper. Indictment for selling liquor without a license. Before Reppert, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment of sentence was passed. Defendants appealed.
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Appeal, Nos. 72 and 78, April T., 1921, by defendants, from judgment of Q. S. Fayette County, June Sessions, 1920, No. 96, on verdict of guilty in the case of Commonwealth of Pennsylvania v. Mike Esper and Marchie Esper. Indictment for selling liquor without a license. Before Reppert, J. The facts are stated in the opinion of the Superior Court. Verdict of guilty on which judgment of sentence was passed. Defendants appealed. Errors assigned were various rulings on evidence, refusal to quash the indictment and refusal of defendants’ point that there can be no conviction of the wife for the act…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant was indicted for selling liquor without license. Two defenses were presented: First, that the Act of May 13, 1887, under which the indictment was drawn was abrogated by the eighteenth amendment to the Constitution of the United States; secondly, that there is a presumption that the act of the defendant was done under compulsion of her husband. The first subject was considered in the case of Com. v. Tony Vigliotti, 75 Pa. Superior Ct. 366. The conclusion there was contrary to the contention of the appellant. For the reasons in that case stated, the first,…
2Cases cited2 opinions
- Commonwealth v. VigliottiSuperior Court of Pennsylvania · 1921
- Commonwealth v. HandSuperior Court of Pennsylvania · 1915
3Cited by1 opinion
- Commonwealth v. JonesLehigh County Court of Quarter Sessions · 1954