Legal Opinion

Commonwealth v. Mintz

Superior Court of Pennsylvania

Decided February 14, 1902No. Appeal, No. 12PublishedCited by 17 opinions

Appeal, No. 12, April T., 1901, by defendant, from judgment of Q. S. Venango Co., April Term, on verdict of guilty in case of Commonwealth v. Israel M. Mintz. Indictment for violating Act of April 11, 1899, P. L. 87. Before Criswell, P. J. At the trial the defendant was convicted of the offense charged in the indictment. He subsequently moved in arrest of judgment on the ground that the act under which he was convicted was unconstitutional.

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Appeal, No. 12, April T., 1901, by defendant, from judgment of Q. S. Venango Co., April Term, on verdict of guilty in case of Commonwealth v. Israel M. Mintz. Indictment for violating Act of April 11, 1899, P. L. 87. Before Criswell, P. J. At the trial the defendant was convicted of the offense charged in the indictment. He subsequently moved in arrest of judgment on the ground that the act under which he was convicted was unconstitutional. The court overruled the motion and passed judgment of sentence on the defendant. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Orlady, J.,

The defendant was convicted of violating the provisions of the Act of April 11, 1899, P. L. 37, entitled, “ An act relating to the keepers of junk shops, and second hand dealers in cities of this commonwealth.” Appellant urges that the court below erred in overruling his motion in arrest of judgment and in entering judgment on the verdict on the point reserved.

The provisions of the act of assembly in question relate to any keeper, owner, proprietor or employee of any junk shop and to any owner, proprietor, or employee of any second-hand store within any city of this…

2Cases cited16 opinions

  1. Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
  2. Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
  3. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  4. Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
  5. Sayre Borough v. PhillipsSupreme Court of Pennsylvania · 1892

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3Cited by17 opinions

  1. Graeff v. SchlottmanSupreme Court of Pennsylvania · 1926
  2. Grossman v. City of IndianapolisIndiana Supreme Court · 1909
  3. City of Pittsburgh v. StrengSuperior Court of Pennsylvania · 1926
  4. Weiss v. Swift & Co.Superior Court of Pennsylvania · 1908
  5. Commonwealth v. BerrymanSuperior Court of Pennsylvania · 1919

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