Commonwealth v. Johnston

Citations

• 5 Pa. Super. 585
• 1897 Pa. Super. LEXIS 287

Syllabus

<p>Druggists — Unlawful sales of liquor — Act of 1887.</p> <p>A person, not a druggist, employing certified pharmacists to conduct a retail drug business purchased by him, is liable under the provisions of the Act of May 24, 1887, P. L. 189, for unlawful sales of liquor if such sales or furnishings are made with his knowledge or consent.</p> <p>Druggists• — Illegal sale of liquor — Evidence of possession of liquor.</p> <p>Where a druggist is charged with unlawful sales of liquor, the possession of a large amount of whisky in defendant’s cellar is a link which, if connected with other links, would constitute a chain of evidence which would justify conviction.</p> <p>Evidence of possession of whisky in considerable amounts by a druggist is therefore admissible; it is not essential that the relevancy of an offer appears at the time; if it is not subsequently connected with the issue it can be laid out of the case.</p> <p>Liquors — Illegal sales — Evidence of amount of whisky in stock.</p> <p>There being no fixed standard as to the amount of whisky which may be legitimately used in a retail drug business, evidence by other druggists that a druggist charged with illegal sales kept on hand a stock in excess of legitimate needs as measured by the business conduct of the respective witnesses, is inadmissible.</p> <p>Practice, Superior Gourl — Defective assignment.</p> <p>An assignment of error is defective and will be overruled which assigns as error the admission of a letter which is not set out in the assignment.</p>