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· 3/2/1923

Commonwealth v. Sapk

Citations

  • 80 Pa. Super. 297
  • 1923 Pa. Super. LEXIS 149

Syllabus

<p>Criminal law and procedure — Liquor law — Selling without license — Indictment—Bill of particulars — Amendment—Section IS, Act of March SI, 1860, P. L. hSS.</p> <p>Upon the trial of an indictment charging the sale of liquors without a license the testimony was that the defendant sold certain liquors at No. 287 Sixteenth Street. A bill of particulars had been filed in which it was stated the liquors had been sold at No. 286 Sixteenth Street. The court overruled defendant’s motion to strike out the evidence and allowed an amendment of the bill of particulars to comply with the proof.</p> <p>The Criminal Procedure Act of March 31,1860, P. L. 433, section 13, authorizes such amendments, and there was no abuse of discretion on the part of the trial judge in allowing it in this case.</p>

Judges: Gawthrop, Henderson, Keller, Linn, Porter, Trexler

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