Legal Opinion

Commonwealth v. Johnston

Superior Court of Pennsylvania

Decided July 16, 1896No. Appeal, No. 87PublishedCited by 9 opinions

Appeal, No. 87, April T., 1896, by defendant, from judgment of Q. S. Butler Co., Dec. Sess., 1896, No. 28, convicting defendant for selling liquor without a license. Defendant was indicted for selling liquor without a license. On the trial Charles Mitchell, among other things, testified: Q. It was the same prescription, was it? Objected to.

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Appeal, No. 87, April T., 1896, by defendant, from judgment of Q. S. Butler Co., Dec. Sess., 1896, No. 28, convicting defendant for selling liquor without a license. Defendant was indicted for selling liquor without a license. On the trial Charles Mitchell, among other things, testified: Q. It was the same prescription, was it? Objected to. By the Court: State how many prescriptions you had? By Counsel: It is proposed to prove by the witness that he repeatedly got a prescription filled and used it until it was worn out. Defendant objects to the question, which is, whether or not . he got…

1Opinion of the Court

Opinion by

Willard, J.,

From a careful examination of the testimony in this case it is apparent that the sins of omission and commission on the part of this appellant were perhaps quite sufficient to have convicted him of the offense charged in the indictment. The commonwealth however was not satisfied to rest the case on the evidence of the appellant’s own transgressions, but sought to visit upon him the sins of his clerks and hold him criminally responsible for illegal sales of liquor made by them in direct violation of his specific orders. The appellant’s counsel offered to prove by the…

2Cases cited7 opinions

  1. Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
  2. In re License to CarlsonSupreme Court of Pennsylvania · 1889
  3. Commonwealth v. SellersSupreme Court of Pennsylvania · 1889
  4. Commonwealth v. ZeltSupreme Court of Pennsylvania · 1891
  5. Commonwealth v. WachendorfMassachusetts Supreme Judicial Court · 1886

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

3Cited by9 opinions

  1. Commonwealth v. JacksonSuperior Court of Pennsylvania · 1941
  2. Commonwealth v. NewhardSuperior Court of Pennsylvania · 1897
  3. Commonwealth v. MartinSuperior Court of Pennsylvania · 1958
  4. Commonwealth v. JacksonSuperior Court of Pennsylvania · 1941
  5. Commonwealth v. KoczwaraSupreme Court of Pennsylvania · 1959

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

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