Legal Opinion

Commonwealth v. Caulfield

Superior Court of Pennsylvania

Decided January 17, 1905No. Appeal, No. 95PublishedCited by 6 opinions

Appeal, No. 95, Oct. T., 1904, by defendant, from judgment of Q. S. Blair Co., June T., 1903, No. 4, on verdict of guilty in case of Commonwealth v. Phillip E. Caulfield. Indictment for illegal sale of oleomargarine.

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Appeal, No. 95, Oct. T., 1904, by defendant, from judgment of Q. S. Blair Co., June T., 1903, No. 4, on verdict of guilty in case of Commonwealth v. Phillip E. Caulfield. Indictment for illegal sale of oleomargarine. Before Bell, P. J. At the trial the court admitted under objection and exception two witnesses to testify as to the color of the oleomargarine sold by defendant, and its resemblance to yellow butter. [1, 2] The court also admitted in evidence a sample of white oleomargarine offered in rebuttal by the defendant. [3] Counsel for the commonwealth, in addressing the jury, used the…

1Opinion of the Court

Opinion by

Rice, P. J.,

The sale of oleomargarine, for which the defendant was indicted under the Act of May 29, 1901, P. L. 327, was made in December, 1902. On the trial of the case, which took place in January, 1904, the man who bought it, and the state chemist who analyzed it, were permitted to testify under objection and exception as to its resemblance to yellow butter. One testified that it was quite yellow, and looked like yellow butter, the other, that “ it was distinctly yellow, having the appearance of yellow butter, not a deep orange yellow, but distinctly a yellow appearance like…

2Cases cited2 opinions

  1. In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885
  2. Commonwealth v. JonesSuperior Court of Pennsylvania · 1897

3Cited by6 opinions

  1. Commonwealth v. ReedSuperior Court of Pennsylvania · 1980
  2. Commonwealth v. McDermottSuperior Court of Pennsylvania · 1908
  3. Commonwealth v. HerrSuperior Court of Pennsylvania · 1909
  4. Commonwealth v. MartinSuperior Court of Pennsylvania · 1908
  5. Commonwealth v. RupertSuperior Court of Pennsylvania · 1931

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