Commonwealth v. Meyers

Citations

• 62 Pa. Super. 223
• 1916 Pa. Super. LEXIS 392

Syllabus

<p>Criminal law — Trial—Answer to points — Charge.</p> <p>A trial judge commits reversible error in affirming a lengthy point for charge which purports to recite the facts to be considered by the jury, if he fails to refer to other portions of the proof which are just as essential for the consideration of the jury as the matters referred to in the point.</p> <p>Criminal law — Liquor law — Club—Sale of liquor at profit.</p> <p>On the trial of an indictment of a steward of a club for selling liquor without a license it is reversible error for the trial judge to instruct the jury that if the distribution of the common stock of liquor among the members of the club resulted in any profits or any loss, it would be unlawful and would make those concerned in such distribution guilty of an illegal sale of liquor.</p> <p>There is no impropriety in the refusal of the Court of Quarter Sessions to quash an indictment against a steward of a club for an unlawful sale of liquor because one of the grand jurors, who was also a member of the organization served by the defendant, was asked to withdraw during the deliberations of his fellows on the bill of indictment.</p> <p>On the trial of such an indictment it is not error for the trial judge to refuse to compel the private counsel aiding in the prosecution to file his warrant of attorney.</p>