Commonwealth v. Opolka

Citations

• 69 Pa. Super. 230
• 1918 Pa. Super. LEXIS 364

Syllabus

<p>Liquor laws — Selling liquor without a license — Club.</p> <p>A steward of a club may be convicted of selling liquor without a license, where it appears that, although there was an organization of the association as a club, its affairs were conducted in a loose haphazard manner; that it had a sideboard, but that no food was served; that so-called members were elected, when some of the members got together and took them in, although there was no meeting of the club; that no detailed accounts were kept of the liquor money, and no accurate information was kept as to the affairs of the club; and that although the membership was confined to adults the testimony of at least two of the witnesses disclosed that they were members before they were of age.</p> <p>In such a ease it is not error to refuse to allow the defendant to prove that the members of the club were quiet and reputable people.</p> <p>It is also proper in such a case to refuse to charge that a provision in the constitution authorizing the club to furnish liquor to members justified the steward in making sales.</p> <p>Jury — Challenge of jurors — Belling liquor without a license.</p> <p>On the trial of an indictment against the steward of a club for selling liquor without license, a juror is not disqualified because he states that he does not approve of clubs having sideboards, if he also states that he can render a just and impartial verdict based upon the evidence and the law.</p> <p>Evidence — Irrelevant testimony — Contradiction of witness.</p> <p>Where a witness called by the defendant on the trial of a misdemeanor testifies as to immaterial matter, the court commits no error in refusing to permit defendant to contradict the witness in regard to such matter.</p> <p>Practice, Q. 8. — Criminal law — Additional instructions to jury —Absence of defendant.</p> <p>Where the court on the trial of a misdemeanor in the absence of the defendant who was under bail and of his counsel, gives additional instructions