Commonwealth v. Spence
Supreme Court of Pennsylvania
Appeal, No. 183, Jan. T., 1911, by defendant, from judgment of Superior Court, Oct. T., 1910, No. 3, affirming judgment of Q. S. Chester Co., on verdict of guilty in case of Commonwealth v. James Spence. Indictment for selling liquor without a license. Appeal from judgment of the Superior Court. Error assigned was the judgment of the Superior Court. cited: Mercersburg Licenses, 5 Pa. Dist. Rep. 171; Franklin County Liquor Licenses, 12 Pa. Dist.
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Appeal, No. 183, Jan. T., 1911, by defendant, from judgment of Superior Court, Oct. T., 1910, No. 3, affirming judgment of Q. S. Chester Co., on verdict of guilty in case of Commonwealth v. James Spence. Indictment for selling liquor without a license. Appeal from judgment of the Superior Court. Error assigned was the judgment of the Superior Court. cited: Mercersburg Licenses, 5 Pa. Dist. Rep. 171; Franklin County Liquor Licenses, 12 Pa. Dist. Rep. 212; Jefferson County Licenses, 15 Pa. Dist. Rep. 563; Donoghue’s License, 5 Pa. Superior Ct. 1; In re Breslin, 45 Hun (N. Y.), 210. cited: Com.…
1DissentJustice Mestrezat
I cannot agree with the conclusion of the majority of the court that either the court of quarter sessions or the Superior Court erred in its disposition of this case. The opinions of these courts clearly vindicate the correctness of the judgment which they entered. The majority opinion, I submit, finds no support in any decision in this or any other jurisdiction; on the other hand, it is at variance with well-established legal principles universally recognized in the courts of this country and England.
James Spence, the defendant below and appellant here, was indicted in the court of quarter…
2Cases cited21 opinions
- Petition of RaudenbuschSupreme Court of Pennsylvania · 1888
- Commonwealth v. WenzelSuperior Court of Pennsylvania · 1904
- Jefferson v. . the PeopleNew York Court of Appeals · 1885
- Lambie v. StateSupreme Court of Alabama · 1907
- Josey v. StateSupreme Court of Arkansas · 1908
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