Quinney v. Commonwealth

Citations

• 1 Monag. 158
• 1889 Pa. LEXIS 1264

Syllabus

<p>Two defendants, recited as a yeoman and a married woman, were indicted, in Allegheny county, in the first count, for keeping and maintaining a house, room and place, hotel, inn and tavern, where vinous, spirituous, malt and brewed liquors, and admixtures thereof, were sold, by retail, without license, and, in the second count, with selling, and offering for sale, vinous, spirituous, malt and brewed liquors, and admixtures thereof, without license, agreeably to law, etc. The defendant moved to quash the indictment because, l,the Act of May 13,1887, provided no penalty, or mode of trial, for the offense alleged in the first count; 2, the acts charged in the second count were not prohibited; and, 3, because of the joinder of the defendants. The court overruled the motion, the jury found a verdict of guilty as to the man, not guilty as to the woman, and the court imposed a sentence of $500, costs of prosecution and imprisonment in the Allegheny county worhhouse. A writ of error was taken, assigning for error the action of the court, 1, in not quashing the indictment, and, 2, in imposing imprisonment in the workhouse. -Judgment affirmed.</p> <p>Pbr Curiam. — The criminal procedure Act of March 31,1860, gives jurisdiction to the court of quarter sessions in all eases of crimes not exclusively triable in the oyer and terminer. The commitment was warranted by the local Act of February 1,1866.</p>