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COMMONWEALTH PENNSYLVANIA v. JOHN PRZYCHODSKI (01/14/55)

January 14, 1955

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
JOHN PRZYCHODSKI, APPELLANT



Appeal, No. 35, Oct. T., 1955, from judgment of Court of Quarter Sessions of Chester County, Sept. T., 1954, No. 14, in case of Commonwealth of Pennsylvania v. John Przychodski. Judgment affirmed. Appeal by defendant from summary conviction by a justice of the peace for engaging in buying and selling of swine as a dealer without a license. Before HARVEY, J.

COUNSEL

Harold K. Wood, West Chester, for appellant.

John E. Stively, Jr., Assistant District Attorney, with him Joseph G. McKeone, District Attorney, West Chester, for appellee.

Before Rhodes, P. J., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Ervin

[ 177 Pa. Super. Page 204]

OPINION BY ERVIN, J.,

Appellant was convicted in a summary proceeding before a Justice of the Peace for engaging in the business of buying and selling swine, as a dealer or broker, without being duly licensed by the Department of Agriculture as provided by the Act of June 22, 1931,

[ 177 Pa. Super. Page 205]

P.L. 650, 3 PS ยง 432. After hearing de novo appellant was found guilty of the offense charged and he was sentenced to pay a fine of fifty dollars ($50.00) and the costs of prosecution. This appeal followed.

The statement of facts contained in the opinion of the learned judge of the court below, stipulated to be correct, and hereby adopted, is as follows: "The defendant, now 27 years of age, has been principally concerned from boyhood with the raising of pigs. Since 1949 he has been engaged in the business of buying, fattening and selling hogs as a livelihood. Since 1949 his practice has been to use pig pens upon the lands of others which they occupied as "pig farms," in consideration of which he cleaned the pens and furnished food for the pigs of those pig raisers. In the pens, shoats bought or bred from sows owned by him were raised and fattened for eight or nine months with surplus bakery products collected by him and with garbage and some grain otherwise obtained by him, and were then sold. During the year 1952, he so raised and sold approximately 300 hogs for $2,500.00 Following the same pattern in June, 1953, the defendant while living in Philadelphia, bought some 150 to 175 shoats of 40 to 100 pounds in weight from William M. Miller, which, with six or more sows, he kept in several pens upon land in Darby Township, Delaware Co., Pa., rented by John Buchanan from Robert Lowrey and used by Buchanan for pig raising. The defendant fed the shoats bread or other surplus bakery products, some garbage and cheap grain and after about nine months sold them and some sows, as hereafter recited. He paid for the use of the pens by his labor cleaning all of Buchanan's pens, by feeding some of the bakery products to Buchanan's pigs, by lodging trucks with garbage collected by the latter in Philadelphia.

[ 177 Pa. Super. Page 206]

"On July 21, 1953, he sold at public auction 33 of the hogs so raised, these weighing with 1 sow an average of 360 pounds, through Exton Auction Livestock, Inc. [in Chester County], a commission agent, for net proceeds of $2,203.29. On July 28, that year, he sold at the same place 41 of these hogs, averaging 310 pounds for net proceeds of $2,477.06. Likewise, on August 4, he sold 6 sows for net proceeds of $359.45; on August 25, 9 hogs and sows averaging 330 pounds for $653.67; and on September 8, 11 averaging 340 pounds, for $661.25. The defendant never has obtained a license as a dealer or broker in animals, as required by the Act of 1931, as amended, supra. These sales are the foundation of convictions... from which the defendant has appealed."

Sec. 2 of the Act of June 22, 1931, P.L. 650, provides, inter alia, that "no dealer or broker shall engage in or carry on business as such unless ...


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