Commonwealth v. Kolb

Citations

• 13 Pa. Super. 347
• 1900 Pa. Super. LEXIS 157

Syllabus

<p>Griminal law — Pleading—Indictment—Duplicity.</p> <p>The objection of duplicity in an indictment arises only when unconnected acts, each of which is a distinct offense, are charged in the same count. When the several acts'charged are merely aspects or stages of one transaction, though each, when alone present, is an offense, it is not duplicity to charge them all.</p> <p>Pure food act — Offer to sell and sale — Practice, O. P.</p> <p>An offer to sell an imitation of butter is itself an offense but it is also a stage of a contract of sale, and when this contract becomes complete the offer merges in the sale; hence both may be charged in one count.</p> <p>Sale of oleomargarine — Sufficient count.</p> <p>To bring a case within the prohibition of the act of 1895, it is sufficient if any article of food which is adulterated within the meaning of the act be sold or offered for sale, and the sale of an article which is an imitation is a violation of the act though the article itself is neither adulterated nor deleterious to health.</p> <p>Indictment — Sufficiency—Pure food act.</p> <p>An indictment is sufficient which describes the article sold as an imitation of butter sold as and for and under the name of pure butter, without designating either as an article of food; the court will presume after verdict that it was sold as an article of food.</p> <p>Griminal law — Agency or employment not a defense.</p> <p>A person who commits an unlawful act is not relieved from the penalty by reason of having been employed to do so by another.</p> <p>Evidence — Good character when not applicable.</p> <p>The habitual sale of imitation butter as butter being admitted, the good character of the defendants can have no possible bearing on this point, nor create doubt as to the conceded sale, hence the omission of the court to instruct the jury as to the effect of evidence of good character is not reversible error.</p>