Commonwealth v. Mondalek

Citations

• 75 Pa. Super. 384
• 1921 Pa. Super. LEXIS 24

Syllabus

<p>Criminal law — Selling liquor without license — Jamaica ginger— Alcoholic contents.</p> <p>On an indictment for selling liquor without a license a conviction will be sustained where the evidence establishes that the defendant, who conducted a grocery and confectionary business, sold a compound called Jamaica ginger containing 89 per cent alcohol. As the defendant was not a registered druggist the contention that the sales were made for medical purposes was without merit, and the fact that the drink was sold to many persons and that 3,600 bottles of the compound were found on the premises, was sufficient evidence to warrant the jury in returning a verdict of guilty under the indictment.</p> <p>Criminal law — Selling liquor without a license — Evidence.</p> <p>On the trial of an indictment for selling liquor without a license, it was permissible for the Commonwealth to produce evidence of the presence of a quantity of liquor on the premises which, taken in connection with other evidence in the case, was a relevant fact bearing on the motive, good faith and guilty knowledge of the defendant. It tended to show an extensive business in a preparation composed almost wholly of some form of alcohol and adapted to use as a beverage. It was a link in the chain of evidence to show an unlawful sale of a prohibited article.</p>