Legal Opinion

Commonwealth v. Howells

Superior Court of Pennsylvania

Decided October 14, 1901No. Appeal, No. 45Published

Appeal, No. 45, Jan. T., 1901, by plaintiff from order of Q. S. Luzerne Co., June T., 1900, No. 312£, quashing indictment in case of Commonwealth v. M. H. Howells. Indictment for forging labels and wrappers.

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Appeal, No. 45, Jan. T., 1901, by plaintiff from order of Q. S. Luzerne Co., June T., 1900, No. 312£, quashing indictment in case of Commonwealth v. M. H. Howells. Indictment for forging labels and wrappers. The indictment was as follows: “ The grand inquest of the commonwealth of Pennsylvania, inquiring for the county of Luzerne, upon their respective oaths and affirmations, do present that M. H. Howells, yoeman, late of said county, on February 26, in the year of our Lord A. D. 1900, at the county aforesaid, and within the jurisdiction of this court unlawfully did have in his possession…

1Opinion of the Court

Opinion by

Smith, J.,

Section 174 of the penal code of 1860, under which the in*326dictment is framed, provides that “ if any person shall .have in his possession any die, plate, engraving or printed label, stamp or wrapper, or any representation, likeness; similitude, copy or imitation of the private stamp, wrapper or label usually affixed by any mechanic or manufacturer to and used by such manufacturer or mechanic on or in the sale of any goods, wares or merchandise, with intent to use or sell the said die, plate, engraving or printed stamp, label or wrapper, for the purpose of aiding or…

2Cases cited9 opinions

  1. Commonwealth v. MentzerSupreme Court of Pennsylvania · 1894
  2. Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
  3. Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
  4. Commonwealth v. KolbSuperior Court of Pennsylvania · 1900
  5. Commonwealth v. SoberSuperior Court of Pennsylvania · 1901

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