Commonwealth v. McDermott
Superior Court of Pennsylvania
Appeal, No. 203, April T., 1908, by defendant, from judgment of Q. S. Washington Co., Feb. T., 1908, No. 159, on verdict of guilty in case of Commonwealth v. M. M. McDermott. Indictment for violating the oleomargarine Act of May 29, 1901, P. L. 327. The opinion of the Superior Court states the case.
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Appeal, No. 203, April T., 1908, by defendant, from judgment of Q. S. Washington Co., Feb. T., 1908, No. 159, on verdict of guilty in case of Commonwealth v. M. M. McDermott. Indictment for violating the oleomargarine Act of May 29, 1901, P. L. 327. The opinion of the Superior Court states the case. The defendant moved to quash the indictment on the ground that the act of 1901, was unconstitutional, and on the ground that the disjunctive “or” had been used in one count between the words oleomargarine and butterine. [1-5] The court admitted under objection and exception evidence of sales made…
1Opinion of the Court
Opinion by
Morrison, J.,
The defendant was indicted and convicted in the court of quarter, sessions for a second offense in violating the provisions of the Act of May 29, 1901, P. L. 327, entitled: “An act to prohibit the manufacture and sale of oleomargarine, butterine, and other similar products, when colored in imitation of yellow butter; to provide for license fees to be paid by manufacturers, wholesale and retail dealers, and by proprietors of hotels, restaurants, dining rooms and boarding houses; for the manufacture or sale of oleomargarine, butterine, or other similar products, not…
2Cases cited23 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
- Commonwealth ex rel. Wolfe v. ButlerSupreme Court of Pennsylvania · 1882
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3Cited by6 opinions
- Commonwealth v. VigliottiSuperior Court of Pennsylvania · 1921
- Commonwealth v. CalioSuperior Court of Pennsylvania · 1944
- Commonwealth v. LoveSuperior Court of Pennsylvania · 2008
- Commonwealth v. PearlmanSuperior Court of Pennsylvania · 1936
- Commonwealth v. KaminskiSuperior Court of Pennsylvania · 1931
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