Commonwealth v. Yanuty
Commonwealth v. Yanuty
Opinion of the Court
Opinion by
The appellant engaged in the business of soliciting orders for the purchase of beer in Indiana county. The orders were given on blank forms provided by the defendant which he had obtained from breweries, from which the beer was purchased. He was not the agent of these breweries nor was he licensed to sell liquor. His operations continued during several months in which time his orders amounted to more than 1,600 cases and kegs of beer. The orders were signed in numerous instances by the mark of the person making the purchase and in many instances included beer for several persons. The most of these orders were obtained from persons living twelve or fifteen miles from the defendant’s residence. He had carried on a small grocery for a time at Lucerne, but during the time when the principal part of the business of taking orders for beer was conducted lie resided on a small farm which he cultivated. The evidence offered by the commonwealth shows that the money obtained from the purchasers of the beer was not forwarded directly to the breweries but was given to a brother of the defendant who gave his check to the latter to be sent in with the order in most instances. It was also shown that in the case of purchases from the South Fork Brewing Company the defendant guaranteed the return of the empty packages and deposited twenty cents for each keg, as the company refused to make shipments without such guarantee. There was evidence also that the defendant was indebted to one Augusto Toconi from whom he had borrowed $50.00 and that part of this obligation was discharged by the delivery to him of Cresson Springs beer ordered by the defendant. Much evidence was introduced by the commonwealth to show the method adopted by the defendant in the prosecution of this business. The beer cost the purchasers ninety-five cents a case or keg. The defendant paid to the breweries seventy-five cents for each case or keg and retained twenty cents which he alleged was compensation for his work. The same rate was charged
The judgment is affirmed and it is ordered that the defendant submit himself to the custody .of the sheriff of Indiana county to the end that as much of the sentence of of the court of quarter sessions as had not been,undergone at .the time when the appeal in this case was made a supersedeas shall be completed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.