Commonwealth v. McDermott

Citations

• 37 Pa. Super. 1
• 1908 Pa. Super. LEXIS 226

Syllabus

<p>Constitutional law — Oleomargarine—Criminal law — Act of May 29, 1901, P. L. 327.</p> <p>The Act of May 29,1901, P. L. 327, entitled, “An act to prohibit the . manufacture and sale of oleomargarine, butterine and other similar products, when colored in imitation of yellow butter,” etc., does not violate any of the provisions of the constitution of the United States or of the state of Pennsylvania.</p> <p>Where a person is found guilty by a jury of violating the oleomargarine Act of May 29, 1901, P. L. 327, but is not sentenced, the verdict of guilty establishes a conviction within the meaning of the seventh section of the act, and if he commits a second offense and is convicted therefor, he may be sentenced to the penalties imposed by the act for a second conviction.</p> <p>The conviction spoken of in the act is accomplished by a verdict of guilty, without any judgment or sentence of the court.</p> <p>Even if the word “ conviction ” in the act of 1901, is to be construed as including both verdict and sentence, a person may be sentenced to the penalties provided for a second offense, although the indictment for the second offense was returned by the grand jury only on the day immediately following sentence for the first offense.</p> <p>A count in an indictment under the oleomargarine act of 1901, will not be quashed because the disjunctive “or” is used between the words “ oleomargarine ” and “ butterine”.</p> <p>If there is one count in an indictment which will sustain the sentence, there can be no reversal, although there were other counts which were bad.</p> <p>Where carrying on a particular business is absolutely forbidden, and the accused is tried for violation thereof it may be shown that at other times than that charged in the indictment he violated the law. Such evidence of other crimes is relevant to show his system of doing business, and the intent present in the act with which he is charged. This rule applies to a violation of the oleomargarine act of Ma