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· 5/13/1907

Commonwealth v. Pollak

Citations

  • 33 Pa. Super. 600
  • 1907 Pa. Super. LEXIS 345

Syllabus

<p>Liquor law — Selling without license — Taking orders for brewery.</p> <p>On the trial of an indictment for selling liquor without a license, it appeared that the defendant was a groceryman and also the agent of an express company, and that when one of his customers applied for beer it was his practice to sell him a money order of the express company and forward this order to a brewing company in another county, together with the name of the person who was to receive the beer, whereupon the beer was shipped by rail in care of the defendant, or of a drayman, doing business in the place, each package of beer having attached to it the name forwarded by the defendant. It appeared that in some cases no written order was given, and the purchaser did not know where, or from whom the beer was to be obtained. Some of it was delivered by a drayman employed by the defendant. Some of the purchasers paid nothing for the delivering’ of the beer to them. Held, that the question whether the defendant sold beer in the place where he resided, was for the jury, and that a conviction should be sustained.</p>

Judges: Beaver, Head, Henderson, Morrison, Rice

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