Sanders v. Commonwealth
Supreme Court of Pennsylvania
Sanders v. Commonwealth, 117 Pa. 293 (Pa. 1887)
11 A. 63; 1887 Pa. LEXIS 262
Clark, Gordon, Green, Paxson, Sterrett, Trunkey, Williams
Sanders v. Commonwealth
Opinion of the Court
The effect of the Bd section of the act of the 13th of May, 1887, P. L. 108, is to permit the granting of licenses under former laws up to the 30th of June, 1887. This necessarily keeps in full force all the previous provisions and penalties connected with the granting of such licenses, not only up to the time aforesaid, but until the expiration of such licenses. It would be a curious legal anomaly to hold that the liquor vender might have his license under the former act, and yet be exempt from the conditions to which by the same act it was made subject. It follows, that the court below was right in refusing to sustain a construction of the act of 1887 such as contended for by the defendants.
The judgments are affirmed.
Reference
- Full Case Name
- WARREN SANDERS v. THE COMMONWEALTH
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- An indictment for selling liquors without a license under § 4, act of April 12, 1875, P. L. 40, was found a true bill on January 5, 1887, but was not tried until June 25, 1887, after the passage of the act of May 13, 1887, P. L. 108: Held, That, § 3 of the latter act permitting the granting of licenses under former laws up to June 30, 1887, it was not error to refuse to quash the indictment and to try and sentence the defendant under the provisions of the former act.