Commonwealth v. Sellers

Citations

• 130 Pa. 32
• 18 A. 541
• 1889 Pa. LEXIS 1159

Syllabus

<p>1. In an indictment under § 17, act of May 13, 1887, P. L. 108, for furnishing liquors to a minor, or person of known intemperate habits, it is unnecessary to aver that the defendant “knowingly and wilfully” furnished, etc. It is sufficient to charge the offence substantially in the language of the act.*</p> <p>2. The said act does not offend against § 3, article HI. of the constitution, declaring that “ no bill.....shall be passed containing more 'than one subject, which shall be clearly expressed in its title: ” there is not a single section of the act, or clause of any section, that is not germane to the subject of the title.</p> <p>3. The proviso to § 19 of the act, that the act shall not be held to authorize the sale of liquors in counties, cities, boroughs or townships having special prohibitory laws, does not render the act violative of § 7, article HI. of the constitution, prohibiting local or special legislation.</p> <p>4. On an indictment for the furnishing of liquors to minors or men of intemperate habits, it is not a defence that the statute under which it was framed was enacted after the granting to the defendant, under prior laws, of a license to sell liquors, which license was still in force.</p>