Commonwealth v. Meads

Citations

• 29 Pa. Super. 321
• 1905 Pa. Super. LEXIS 327

Syllabus

<p>Trade-marks — Constitutional law — Acts of May 21, 1895, P. L. 95, May 2, 1901, P. L. 114, and April 3, 1903, P. L. 134. Union labels.</p> <p>The Act of May 21, 1895, P. L. 95, as amended by the Acts of May 2, 1901, P. L. 114, and April 3, 1903, P. L. 134, and entitled “An Act to provide for the adoption of trade-marks, labels, symbols, or private stamps by an incorporated or unincorporated association or union of workingmen, and to regulate the same,” and providing that a violation of the act shall be a misdemeanor, is not defective in title and unconstitutional.</p> <p>Criminal law — Jurisdiction—Locus in quo — Trade-marks—Cigar labels.</p> <p>Where a person places counterfeit cigar labels on cigars, and ships them to a purchaser in another county under an arrangement by which the title to the cigars was not to pass until they reached the place of consignment, the seller of the cigars may be convicted, in the county where the purchaser resides, of violating the Act of May 21, 1895, P, L, 95.</p> <p>Practice, Q. S. — Trial—Charge—Unfair charge.</p> <p>It is not error for a judge in his charge to a jury tó express his opinion upon the facts, if done fairly, provided he does not give a binding direction, or interfere with the province of the jury; but in every case which justifies a judge in expressing an opinion the jury should be directly informed that it is his opinion, and that they are not to be bound by it; and the expression of opinion should always be made with the utmost fairness and absence of partisanship.</p> <p>If the charge gives undue prominence to the testimony of a witness for one of the parties and impeaches the testimony of two witnesses for the other party, the judgment will be reversed.</p>