Legal Opinion

Commonwealth v. Weber

Superior Court of Pennsylvania

Decided March 16, 1917No. Appeal, No. 340PublishedCited by 10 opinions

Appeal, No. 340, Oct. T., 1916, by plaintiff, from judgment of Q. S. Lancaster Co., Jan. T., 1914, No. 43, on verdict of not guilty in case of Commonwealth v. S. E. Weber. Indictment for not reporting a tuberculosis cow. At the trial the court directed a verdict for defendant. Verdict and judgment for defendant. The Commonwealth appealed. Error assigned was in directing a verdict for defendant.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The trial judge placed a construction on the act of assembly under which the defendant was indicted and being tried, that resulted in an instruction to the jury to return a verdict of not guilty, and intimated that the *181Commonwealth might take an appeal to find out whether his was a correct statement of the law.

The verdict of not guilty closed all investigation as to the merits of the case so far as both parties are concerned, and any discussion of the question involved would be purely academic.

The question presented is, whether the Commonwealth has the right to be…

2Cases cited5 opinions

  1. Commonwealth v. WallaceSupreme Court of Pennsylvania · 1886
  2. Commonwealth v. CobleSuperior Court of Pennsylvania · 1899
  3. Commonwealth v. SoberSuperior Court of Pennsylvania · 1901
  4. Commonwealth v. StillwagonSuperior Court of Pennsylvania · 1900
  5. Commonwealth v. CassellSuperior Court of Pennsylvania · 1896

3Cited by10 opinions

  1. Commonwealth v. KerrSuperior Court of Pennsylvania · 1942
  2. Commonwealth v. Lodge No. 148 Loyal Order of MooseSuperior Court of Pennsylvania · 1959
  3. Commonwealth v. PrestonSuperior Court of Pennsylvania · 1927
  4. Commonwealth v. ObenrederSuperior Court of Pennsylvania · 1941
  5. Commonwealth of Pa. v. HeilandSuperior Court of Pennsylvania · 1933

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