Legal Opinion

Commonwealth v. Kebort

Superior Court of Pennsylvania

Decided November 21, 1904No. Appeal No. 134PublishedCited by 2 opinions

Appeal No. 134, April T., 1905, by plaintiff, from order of Q. S. Crawford Co., Feb. T., 1904, No. 35, arresting judgment in case of Commonwealth v. F. J. Kebort and Nick Kebort. Indictment for selling adulterated blackberry wine. Before Thomas, P. J. The jury returned a verdict of guilty, and the court arrested the judgment. Error assigned was in arresting the judgment. The act of June 26, 1895, is constitutional: Com. v. Curry, 4 Pa. Superior Ct. 356; Com. y. Geesey, 1 Pa.

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Appeal No. 134, April T., 1905, by plaintiff, from order of Q. S. Crawford Co., Feb. T., 1904, No. 35, arresting judgment in case of Commonwealth v. F. J. Kebort and Nick Kebort. Indictment for selling adulterated blackberry wine. Before Thomas, P. J. The jury returned a verdict of guilty, and the court arrested the judgment. Error assigned was in arresting the judgment. The act of June 26, 1895, is constitutional: Com. v. Curry, 4 Pa. Superior Ct. 356; Com. y. Geesey, 1 Pa. Superior Ct. 502; Wheeler v. Rice, 4 Brewst. 129 ; Yeager v. Weaver, 64 Pa. 425; Road in Phoenixville, 109 Pa. 44 ;…

1Opinion of the Court

Opinion by

Oblady, J.,

The defendants were convicted on an- indictment framed under the Act of June 26, 1895, P. L. 317, entitled “ An act to provide against the adulteration of food, and providing for the enforcement thereof.” The particular offense was that *586they sold an adulterated article of food, to wit: blackberry wine. The judgment was subsequently arrested by the court on the ground that the act was unconstitutional, in that its title violates section 3, article III, of the constitution, which is as follows: “ No bill, except general appropriation bills shall be passed containing more…

2Cases cited15 opinions

  1. Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
  2. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  3. Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
  4. Commonwealth ex rel. Wolfe v. ButlerSupreme Court of Pennsylvania · 1882
  5. In re Road in the Borough of PhoenixvilleSupreme Court of Pennsylvania · 1885

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3Cited by2 opinions

  1. Commonwealth v. TomasySuperior Court of Pennsylvania · 1904
  2. McMullin v. Phillips, Pennsylvania Court of Common Pleas, Philadelphia County1924

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