Commonwealth v. Jackson

Dissenting Opinion by

Rhodes, J.:

I am obliged to dissent from the conclusion reached by the majority, as I feel that it is contrary to a funda mental principle of criminal law. In my opinion section 807 1 of the Act of April 28, 1937, P. L. 417, 31 PS § 700j — 807, in force at the time the alleged offense was committed, does not embrace the facts in this case. The conviction of defendant can be upheld only upon the theory that he is criminally responsible for the act of his dairymaid wrhen she sold a gallon of milk for 30 cents, whereas the order of the Milk Control Commission established the…