Commonwealth v. Holstine
Commonwealth v. Holstine
Opinion of the Court
Opinion,
The defendant, appellant, was indicted in the court below for selling liquor without a license. To this indictment he pleaded non volo contendere. This, although not technically a plea of guilty, is so in substance, and justifies the court in imposing sentence: Buck v. Commonwealth, 107 Pa. 486. We may therefore safely pass by the somewhat elaborate argument to show that the defendant was not guilty, with the single remark that it is not necessary to sustain a conviction for selling intoxicating liquors under the act of 1887 for the commonwealth to prove a criminal intent. It is enough to show the sale, when the defendant may, if he can, shield himself behind a license. If the sale is contrary to law, the intent has nothing to do with it. A contrary ruling would fritter away the act of 1887, and convictions under it would be rare.
The defendant had no license. He was in the employ of one
The sentence was imposed under the first paragraph of § 15 of the act of 13th May, 1887, P. L. 113, which provides that “any person who shall hereafter be convicted of selling, or offering for sale, any vinous, spirituous, malt or brewed liquors, or any admixture thereof, without a license, shall be sentenced to pay á fine of not less than $500, nor more than $5,000, and undergo an imprisonment in the county jail of not less than three months, nor more than twelve months.” The court below imposed the minimum punishment fixed by the act. It was contended that the sentence should have been under the second paragraph of said section, which provides a lighter punishment where persons having a license are convicted of violating any of the provisions of the license laws. For the reasons already given, we think the sentence was proper. It follows the indictment strictly, and, as before observed, neither the defendant nor his employer was licensed to sell in Montgomery county.
The judgment is affirmed, and it is ordered that Charles Holstine, the appellant, surrender himself forthwith to the keeper of the Montgomery county prison, there to undergo the sentence imposed upon him by the court below.
Reference
- Full Case Name
- COMMONWEALTH v. CHARLES HOLSTINE
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- x. A plea of non volo contendere to an indictment, although not technically a plea oí! guilty, is so in substance, and justifies the court in imposing sentence upon the defendant: Buck v. Commonwealth, 107 Pa. 486. 2. To sustain a conviction for unlawfully selling intoxicating liquors, under the act of May 13, 1887, P. L. 113, it is not necessary for the commonwealth to prove a criminal intent; if the sale be contrary to the act, the intent is immaterial.* 3. A licensed bottler selling liquor in a county other than that covered by his license, is liable to the punishment provided by said act for selling without license, and not merely to that imposed upon violations of the law by licensed persons.† (a) A driver in the employ of a hottler having a license in Philadelphia county, took orders in Montgomery county for liquors. The liquors ordered were loaded upon the employer’s wagon in Philadelphia, and delivered to the purchasers in Montgomery county by the driver, who collected the money therefor: 4. This was clearly a sale and delivery in Montgomery county, and the driver being protected by his employer’s license only where the employer himself would be protected, was properly convicted and sentenced for selling liquors without license in Montgomery county.