Commonwealth v. Tierney

Citations

• 148 Pa. 552
• 24 A. 64
• 1892 Pa. LEXIS 1023

Syllabus

<p>Liquor laws — Sales without license — Sham club — Scheme to evade the license laws — Facts.</p> <p>Defendant was indicted, under the act of May 13, 1887, for selling liquor without a license. His defence was that he was not selling on his own account, but as steward of an incorporated club, and that no sales were made to others than members of the said club, unless brought there by a member. The evidence of the prosecution was to the effect that defendant had been selling liquor under a wholesale license and that his place was of bad character. He failed to procure a license for the year 1891. Soon after, the alleged club came into existence in the defendant’s old barroom. The evidence showed that it was a mere sham or device to evade the license laws. Though a club in form, it was in fact a mere barroom where liquor was sold without a license. There was a clumsy attempt to disguise its real character and throw over it the protecting mantle of the law:</p> <p>Held, that under these circumstances it was not error to instruct the jury that, if they believed the testimony, it was their duty to find the defendant guilty of that with which he was charged.</p> <p>The rights of abona fide club, not being involved in this case, not considered.</p>