Genkinger v. Commonwealth
Supreme Court of Pennsylvania
Error to the Quarter Sessions of Lawrence county. This was an indictment under the 28th section of the Act of 31st March 1856 (Brightly’s Purd. 1189, pi. 28), against Christian Genkinger and Magdalina Scheible, for keeping and maintaining a house where spirituous liquors were sold and drank, and then and there selling the same without license. The following is- a copy of the bill of indictment, which was found at the February Sessions, 1857:— “ Lawrence County, ss.
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Error to the Quarter Sessions of Lawrence county. This was an indictment under the 28th section of the Act of 31st March 1856 (Brightly’s Purd. 1189, pi. 28), against Christian Genkinger and Magdalina Scheible, for keeping and maintaining a house where spirituous liquors were sold and drank, and then and there selling the same without license. The following is- a copy of the bill of indictment, which was found at the February Sessions, 1857:— “ Lawrence County, ss. “ The Grand Inquest of the Commonwealth of Pennsylvania, inquiring in and for the county of Lawrence, upon their respective oaths…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
The manifest object and effect of the Act of Assembly of the 31st of March 1856, on the subject of traffic in spirituous liquors, was the total prohibition of their sale by every unlicensed person, and in every form and manner, except such as the averments in this indictment exclude defendant below froni being and doing. The indictment, in the most plain and unequivocal language, charges defendant with the unlicensed sale of the forbidden liquors according to the usual form in practice, and such as in Commonwealth v. Baird, 4 S. & R. 141,…
2Cited by13 opinions
- Commonwealth of Penna. v. BeattieSuperior Court of Pennsylvania · 1928
- Matter of DandridgeSupreme Court of Pennsylvania · 1975
- State v. SmithOregon Supreme Court · 1910
- Com. of Pa. v. BenedictSuperior Court of Pennsylvania · 1934
- Commonwealth v. GrillSuperior Court of Pennsylvania · 1928
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