Commonwealth v. Gallo

Citations

• 70 Pa. Super. 548
• 1919 Pa. Super. LEXIS 1

Syllabus

<p>Liquor laws — Selling without a license — Beer—Delivery—Principal and agent — Criminal law — Challenge of jury — Arrest of judgment.</p> <p>Where a person has been in due form of law indicted for selling liquor without a license, and thereafter when the case is called, submits a number of reasons for quashing the indictment without alleging any cause for challenging the grand jury, and subsequently, and after a failure to appear for trial, a forfeiture of recognizance, a renewal of recognizance, and a trial and conviction, without at any time alleging grounds for challenge, he cannot complain, as a ground for arresting the judgment, that he was deprived of a right to challenge the grand jury for cause.</p> <p>An agent of a brewing company who exceeds his orders and sells and delivers beer directly to customers, may be convicted of selling liquor without a license, although the method of sale adopted by the company might exempt it from criminal liability.</p> <p>Although orders for beer given to a brewing company in another county, may on their face appear to be completed contracts by delivery at the brewery, yet if other evidence in the case, shows that they were in fact executory contracts, and that tbe sale was not to be completed until the beer was delivered to the purchasers at their homes, an agent of the company who takes orders, receives money payments, and delivers the beer at the houses of the purchasers, may be convicted of selling liquor without a license.</p>