Rauch v. Commonwealth
Supreme Court of Pennsylvania
Writs of error to the Court of Quarter Sessions of Blair county: Of May Term 1875, No. 18, 19 and 86. The three writs were argued together. On the 28th of July 1874, No. 25 to July Sessions of the court below, an indictment was found against Frederick W. Rauch and Charles Rauch “ for selling spirituous, vinous and malt liquors,” &c., to Al. Mulligan and others.
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Writs of error to the Court of Quarter Sessions of Blair county: Of May Term 1875, No. 18, 19 and 86. The three writs were argued together. On the 28th of July 1874, No. 25 to July Sessions of the court below, an indictment was found against Frederick W. Rauch and Charles Rauch “ for selling spirituous, vinous and malt liquors,” &c., to Al. Mulligan and others. The defendants pleaded “not guilty,” and also a special plea, that as to so much of the indictment as charges the defendants with selling malt liquors without license, the defendants ought not to be prosecuted, &c., because Frederick…
1Opinion of the CourtChief Justice Agnew
These three cases will be considered together.
The plaintiffs in error rest their case on the right of Frederick W. Rauch to sell beer as a licensed brewer, under the Act of 7th of March 1866, Pamph. L. 332. This defence is common to two of the indictments, and is set out in special pleas. But his right to a brewer’s license was not derived from the Act of 1866. The proviso in the first section of the act only saved the right from the prohibition of the act, and thus enabled him to resort to former laws to obtain the license. Hence, the true question is whether the right to a brewer’s license,…
2Cited by39 opinions
- Commonwealth v. GriffinSuperior Court of Pennsylvania · 2002
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Commonwealth v. AponteSupreme Court of Pennsylvania · 2004
- Commonwealth v. ForbesSuperior Court of Pennsylvania · 2005
- Commonwealth v. MourarSupreme Court of Pennsylvania · 1986
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