Legal Opinion

Commonwealth v. Guja

Superior Court of Pennsylvania

Decided April 17, 1905No. Appeal, No. 197PublishedCited by 6 opinions

Appeal, No. 197, April T., 1905, by defendant, from judgment of Q. S. Indiana Co., Dec. T., 1904, No. 8, on verdict of guilty in case of Commonwealth v. Alex. G-uja. Indictment for selling liquor without a license. Before White, P. J. The facts are stated in the opinion of the Superior Court. Error assigned among others was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Smith, J.,

The sole question here is whether the sales were made by the defendant, in Indiana county, or by the DuBois Brewing Company in Clearfield county. The trial judge held that this was a question of fact, to be determined by the jury. This, under the evidence, was as favorable a direction as the defendant was entitled to.

The essential facts of the case stand without contradiction. The defendant solicited orders for beer in Indiana county. When these were obtained he ordered the beer of the DuBois Brewing Company. The company filled these orders by shipping the beer by rail to…

2Cases cited8 opinions

  1. Commonwealth v. HolstineSupreme Court of Pennsylvania · 1890
  2. Commonwealth v. HessSupreme Court of Pennsylvania · 1892
  3. Commonwealth v. FlemingSupreme Court of Pennsylvania · 1889
  4. Burgess of North Wales v. BrownbackSuperior Court of Pennsylvania · 1899
  5. Garbracht v. CommonwealthSupreme Court of Pennsylvania · 1881

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3Cited by6 opinions

  1. Commonwealth v. GuinzburgSuperior Court of Pennsylvania · 1911
  2. Commonwealth v. HecirrionicSuperior Court of Pennsylvania · 1909
  3. Commonwealth v. PollakSuperior Court of Pennsylvania · 1907
  4. Commonwealth v. CosheySuperior Court of Pennsylvania · 1914
  5. Commonwealth v. RossiSuperior Court of Pennsylvania · 1911

1 more not listed; retrieve them via the Exa API.

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