Legal Opinion

Stewart v. Commonwealth

Supreme Court of Pennsylvania

Decided November 7, 1887No. 232PublishedCited by 23 opinions

ERROR TO THE COURT OE QUARTER SESSIONS OE BUTLER COUNTY. No. 232 October Term 1887, Sup. Ct.; court below, No. 32 September Term 1887, Q. S. On September 7, 1887, a bill of indictment, preferred under § 15, act of May 13, 1887, P. L. 113, charging that Charles Stewart “ unlawfully did sell and give away vinous, spirituous, malt and brewed liquors and admixtures thereof, without having first obtained a license,-etc.,” was found a true bill, to which the defendant pleaded not…

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ERROR TO THE COURT OE QUARTER SESSIONS OE BUTLER COUNTY. No. 232 October Term 1887, Sup. Ct.; court below, No. 32 September Term 1887, Q. S. On September 7, 1887, a bill of indictment, preferred under § 15, act of May 13, 1887, P. L. 113, charging that Charles Stewart “ unlawfully did sell and give away vinous, spirituous, malt and brewed liquors and admixtures thereof, without having first obtained a license,-etc.,” was found a true bill, to which the defendant pleaded not guilty. At the trial before A. L. Hazen, P. J., the facts appeared: At the time of the alleged unlawful sales, the…

1Opinion of the Court

Opinion,

Mr. Justice Williams :

An examination of the record discloses but one reason for interfering with the verdict and sentence in this case. This is brought-to our attention by the fifth assignment of error. It' appears that, at the conclusion of the evidence, the defendant *381asked the court to permit him to be beard by his counsel before tbe jury. Tbis tbe court refused to do, giving as tbe reason tbat “ there is nothing in tbe judgment of tbe court to justify wasting time argumg.” Tbe case was then left to tbe jury under tbe charge of. the court. To tbis action of tbe court an exception…

2Cases cited1 opinion

  1. Cathcart v. CommonwealthSupreme Court of Pennsylvania · 1861

3Cited by23 opinions

  1. Herring v. New YorkSupreme Court of the United States · 1975
  2. Commonwealth v. StokesSupreme Court of Pennsylvania · 1992
  3. Louis West v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  4. Commonwealth v. GraySupreme Court of Pennsylvania · 1970
  5. Commonwealth v. RobinsonSupreme Court of Pennsylvania · 1934

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