Commonwealth v. Spence

Citations

• 230 Pa. 571
• 79 A. 775
• 1911 Pa. LEXIS 653

Syllabus

<p>Liquor laws — Retail liquor license — Eating house license — Sale of spirituous liquors — Sale without license — A ct of May IS, 1887, P. L. 108.</p> <p>Where a person petitions the court of quarter sessions for a license “to sell vinous, malt and brewed liquors by retail,” and indorses his petition as one for “an eating house license” and the court makes an order “license as prayed for is granted,” the Supreme Court will Construe the license granted as a retail liquor license under the Act of May 13, 1887, P. L. 108, which gives the licensee authority to sell not only vinous, malt and brewed liquors, but also spirituous liquors; and if the licensee sells spirituous liquors, he cannot be convicted of selling liquor without a license.</p> <p>Mestbezat, Potteh and Stjswabt, JJ., dissent.</p>