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CALIFORNIA

REPORTS OF CASES

DECIDED IN THE

SUPREME COURT OF PENNSYLVANIA

AND IN

OTHER COURTS.

Supreme Court of Pennsylvania.

COMMONWEALTH V. HENRY FLACKE.

Indictment for seiling liquor without license.

A bottler of "cider, perry, ale, porter, or beer" must make application to the court upon petition, endorsed by twelve of his fellow-citizens, as a man of temperate habits, and of good moral character. It must appear by certificate that such license is necessary, and before the license is granted, he must give bond with sureties conditioned for the faithful observance of the law regulating the sale of this kind of liquor.

Error to the Court of Quarter Sessions of Warren county.

The defendant admits that at the time of making the sales for which this indictment is found he was a bottler of beer and ale, and not otherwise engaged in the sale of intoxicating liquors, nor in keeping any tavern, oyster-house or cellar, restaurant or place of amusement, entertainment, or refreshment, and that the sales, as made by the defendant, were only of beer and ale, and by the single bottle and case, and not to be drank on the defendant's premises, nor at any place provided by him for that purpose. That the bottles sold, as above admitted, were pint bottles and quart bottles, as the purchaser desired, those being the sizes which defendant used in his bottling business.

That at the time of making such sales, defendant had a bottler's license issued to him by the treasurer of Warren county, of which the following is a copy, viz.:

COMMONWEALTH OF PENNSYLVANIA,

Warren County.

Be it known, that Henry Flacke, of Warren, has paid me for the use of the Commonwealth fifty dollars, which entitles him to bottle cider, perry, ale, porter, or beer, and sell the same by the bottle, or domestic wines and cider by the gallon, for one year from November 23, 1881, to November 23, 1882, agreeably to the Act of Assembly in such cases made and provided.

IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal, at Warren, this 23d day of November, A. D. 1881. F. M. KNAPP, Treasurer.

Treasurer's fees, 25 cents. Appraiser's fees, 50 cents.

Also, that the defendant gave no bond, prior to obtaining the said license, to the Commonwealth, as required by the fourth section of the act of 1875. That the place of business of defendant was in the borough of Warren, and the sales above mentioned were there made.

Evidence closed.

The court (BROWN, P. J.) charged the jury as follows:

A nolle prosequi has been entered on the first, second and third counts of the indictment, and we have now only to do with the fourth count, which charges that the defendant, on the 1st of August, 1882, and on divers other days before and since that time, at the borough of Warren, in the county of Warren, did unlawfully sell and retail vinous, spirituous, brewed, and malt liquors, without first having obtained a license so to do.

There is no evidence of any sale of vinous or spirituous liquors. The defendant admits that he did, at the time and place charged in this count of the indictment, make sales of malt and brewed. liquors by the single pint bottle, and by the single quart bottle, as the same was desired by the purchasers, as well as by the That he was a bottler of beer at the time of making such

case.

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