Commonwealth v. Ed. D. Schwem Co.
Superior Court of Pennsylvania
Appeal, No. 323, Oct. T., 1917, by defendant, from judgment of Q. S. Clearfield Co., May T., 1917, No. 10, on verdict of guilty in case, of Commonwealth v. Ed. D. Schwem Company. Indictment for selling liquor without .a license. Before Whitehead, P. J. The opinion of the Superior Court states the case. Error assigned was in giving binding instructions for defendant.
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Appeal, No. 323, Oct. T., 1917, by defendant, from judgment of Q. S. Clearfield Co., May T., 1917, No. 10, on verdict of guilty in case, of Commonwealth v. Ed. D. Schwem Company. Indictment for selling liquor without .a license. Before Whitehead, P. J. The opinion of the Superior Court states the case. Error assigned was in giving binding instructions for defendant. The order granting the license cannot be attacked in this proceeding: Browarsky’s Est., 252 Pa. 35; Harris v. Mercur, 202 Pa. 313. A license which is void on its face, as from an evident want of authority to issue it, or where it…
1Opinion of the Court
Opinion by
Trexler, J.,
In January, 1916, the Schwem Company applied for a wholesale liquor license. Exceptions were filed to the granting of the license on the ground that the notice had not been properly published. The court expressed some doubt as to the subject but decided that there had been a substantial compliance with the law and on April 24, 1916, granted the license. The remonstrants took an appeal to this court and on March 7, 1917, the decree of the lower court was reversed: Schwem’s License, 66 Pa. Superior Ct. 280. The appellant was then prosecuted for selling liquor without a…
2Cases cited3 opinions
- Norwegian StreetSupreme Court of Pennsylvania · 1876
- Schwem's LicenseSuperior Court of Pennsylvania · 1917
- Wood v. LevisSupreme Court of Pennsylvania · 1850