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Legal Opinion

Commonwealth v. McDermott

Supreme Court of Pennsylvania

Decided April 12, 1909No. 2; Appeal, No. 196PublishedCited by 42 opinions

Appeal, No. 196, Oct. T., 1908, by defendant, from judgment of Superior Court, April T., 1908, No. 203, affirming'judgment of Q. S. Washington Co., Feb. T., 1908, No. 159, on verdict of guilty in case of Commonwealth v. M. M. McDermott. Appeal from the Superior Court. The opinion of the Supreme Court states the case.

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Appeal, No. 196, Oct. T., 1908, by defendant, from judgment of Superior Court, April T., 1908, No. 203, affirming'judgment of Q. S. Washington Co., Feb. T., 1908, No. 159, on verdict of guilty in case of Commonwealth v. M. M. McDermott. Appeal from the Superior Court. The opinion of the Supreme Court states the case. Error assigned was the judgment of the Superior Court affirming the judgment of the court of quarter sessions sustaining a verdict of guilty against the defendant.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

M. M. McDermott was tried and found guilty in the court of quarter sessions of Washington county on November 21,1907, on an indictment charging him with having sold oleomargarine in violation of the Act of assembly of May 29, 1901, P. L. 327. Motions were made in arrest' of judgment and for a new trial, which were overruled on January 31, 1908, and on February 10, 1908, he was sentenced for a first offense under the statute. On January 30, 1908, complaint was made against him, charging him with having unlawfully sold oleomargarine on December 11, 1907, in violation…

2Cases cited7 opinions

  1. People v. . FabianNew York Court of Appeals · 1908
  2. Rauch v. CommonwealthSupreme Court of Pennsylvania · 1875
  3. Commonwealth v. KileyMassachusetts Supreme Judicial Court · 1889
  4. Wilmoth v. HenselSupreme Court of Pennsylvania · 1892
  5. Commonwealth v. MillerSuperior Court of Pennsylvania · 1897

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3Cited by42 opinions

  1. Dye v. SkeenWest Virginia Supreme Court · 1950
  2. Singer v. United StatesCourt of Appeals for the Third Circuit · 1922
  3. State v. GaniSupreme Court of Louisiana · 1924
  4. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1994
  5. Coleman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939

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