Commonwealth v. Kolb
Superior Court of Pennsylvania
Appeal, No. 88, Oct. T.,1899, by defendants, from judgment of Q. S. Schuylkill Co., Nov. Sess., 1898, No. 1858, on verdict of guilty. Opinion by Smith, J. Indictment for selling oleomargarine. of the 41st judicial district, specially presiding.
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Appeal, No. 88, Oct. T.,1899, by defendants, from judgment of Q. S. Schuylkill Co., Nov. Sess., 1898, No. 1858, on verdict of guilty. Opinion by Smith, J. Indictment for selling oleomargarine. of the 41st judicial district, specially presiding. The first count charges that the three defendants jointly, on November 1, 1898, and on divers other days prior thereto . . . . wilfully, knowingly and unlawfully did sell and offer for sale, and then and there had in their possession with intent to sell, a certain oleaginous substance and compound of the same, the said oleaginous substance and compound…
1Opinion of the Court
Opinion by
Smith, J.,
It is unnecessary to consider either the first count of the indictment or the Act of May 21, 1885, P. L. 22, on which it is based, since, by direction of the court, the defendants were acquitted on that count. Nor does the assignment of error raise any question as to the constitutionality of the Act of June 26, 1895, P. L. 317, on which the second count is based.
As the record fails to show the reasons for the motion to quash, we might properly refuse to consider the first specifi*352cation. As was said by Mr. Justice McCollum, in Com. v. Williams, 149 Pa. 54: “This is…
2Cases cited2 opinions
- Commonwealth v. MillerSupreme Court of Pennsylvania · 1884
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1892
3Cited by16 opinions
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- Commonwealth v. COHENSuperior Court of Pennsylvania · 1964
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- Commonwealth v. HansellSuperior Court of Pennsylvania · 1958
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