Commonwealth v. Shirley

Citations

• 152 Pa. 170
• 25 A. 819
• 1893 Pa. LEXIS 954

Syllabus

<p>[Marked to be reported.]</p> <p>Oleomargarine — Constitutional law — Act of May 21, 1885.</p> <p>The act of May 21,1885, P. L. 22, entitled “ An act for the protection of public health, and to prevent the adulteration of dairy products, and fraud in the sale thereof,” is constitutional: Powell v. Com., 114 Pa. 265, reaffirmed.</p> <p>Multiplying penalties — Maximum penalty — Review.</p> <p>It seems that the sale of oleomargarine and the subsequent exposure of it for sale on the same day are not separate offences for which a double penalty can be imposed under the act of May 21, 1885.</p> <p>If, however, the double penalty imposed by the court is less than the maximum fine for the one offence as provided by the act, the Supreme Court will not reverse the judgment.</p>