Commonwealth v. Holstine

Citations

• 132 Pa. 357
• 19 A. 273
• 1890 Pa. LEXIS 821

Syllabus

<p>x. A plea of non volo contendere to an indictment, although not technically a plea oí! guilty, is so in substance, and justifies the court in imposing sentence upon the defendant: Buck v. Commonwealth, 107 Pa. 486.</p> <p>2. To sustain a conviction for unlawfully selling intoxicating liquors, under the act of May 13, 1887, P. L. 113, it is not necessary for the commonwealth to prove a criminal intent; if the sale be contrary to the act, the intent is immaterial.*</p> <p>3. A licensed bottler selling liquor in a county other than that covered by his license, is liable to the punishment provided by said act for selling without license, and not merely to that imposed upon violations of the law by licensed persons.†</p> <p>(a) A driver in the employ of a hottler having a license in Philadelphia county, took orders in Montgomery county for liquors. The liquors ordered were loaded upon the employer’s wagon in Philadelphia, and delivered to the purchasers in Montgomery county by the driver, who collected the money therefor:</p> <p>4. This was clearly a sale and delivery in Montgomery county, and the driver being protected by his employer’s license only where the employer himself would be protected, was properly convicted and sentenced for selling liquors without license in Montgomery county.</p>