Commonwealth v. Prickett

Citations

• 132 Pa. 371
• 25 W.N.C. 422
• 19 A. 218
• 1890 Pa. LEXIS 823

Syllabus

<p>1. If there is one count in an indictment which sustains the sentence pronounced, on a conviction upon several counts, and the record is regular, the judgment cannot be reversed, even though the sentence might be erroneous if based upon the other counts.</p> <p>2. Where one count of an indictment charges the sale of liquors without a license, generally, and others charge the defendant, a druggist, with violations of § 16, act of May 13, 1887, P. L. 118, and a verdict of guilty on all the counts is rendered, the indictment will sustain a sentence for selling without license.</p> <p>3. Druggists, strictly speaking, are not licensed venders of liquor, under the act of May 13, 1887, P. L. 113; but, whether a druggist, convicted simply of violating the provisions of § 16, of said act, should be sentenced as an unlicensed vender under the first provision, or as a licensed vender under the second provision of § 15, not decided.</p>