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COMMONWEALTH v. MARTIN (06/11/58)

June 11, 1958

COMMONWEALTH
v.
MARTIN, APPELLANT.



Appeals, Nos. 88 and 89, March T., 1958, from judgments of Court of Quarter Sessions of the Peace of York County, April T., 1957, Nos. 96 and 97, in case of Commonwealth of Pennsylvania v. Mary O. Martin. Judgments affirmed.

COUNSEL

Victor Dell'Alba, with him Bergdoll & Dell'Alba, for appellant.

Jesse L. Crabbs, First Assistant District Attorney, with him Frank B. Boyle, District Attorney, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, and Watkins, JJ. (hirt and Gunther, JJ., absent).

Author: Woodside

[ 186 Pa. Super. Page 413]

OPINION BY WOODSIDE, J.

This is an appeal by the defendant from the judgments of sentences of the Court of Quarter Sessions of York County after her convictions for selling intoxicating liquor without a license in violation of the Liquor Code of April 12, 1951, P.L. 90, § 491, 47 PS § 4491.

The defendant, Mary L. Martin, was the owner of a luncheonette business located at 121 W. Princess Street, York, and maintained living quarters at 123 W. Princess Street.

At 1:45 A.M. on March 9, 1957, two agents of the Pennsylvania Liquor Control Board entered the premises of the defendant and purchased a quantity of beer and whiskey in a small room in No. 123 connected by an archway to the luncheonette premises. They then proceeded to a room in the basement of 123 W. Princess Street where they made further purchases of alcoholic beverages.

The same two agents returned the following night, March 10, and observed sales being made to three men. When the agents asked to be served on March 10, however, they were refused. All of the sales were made by a Stanley Bailey, the boy friend of the defendant's daughter.

[ 186 Pa. Super. Page 414]

It is admitted by the defendant that the restaurant was licensed by the City of York in her name, and that she operated it until she went to jail to serve a sentence for illegal sale of intoxicating liquor, at which time she handed the operation of the restaurant over to her daughter. The defendant was released for jail on the 25th or 26th of February, 1957, but says that she did not take over the operation of the establishment from her daughter until the 15th or 16th of March. She contends that the evidence is insufficient to connect her with the unlawful sales, which were admittedly made.

The evidence establishes, however, that she was in the restaurant when the agents were there on the 9th and 10th; that she directed her daughter to get one of them a drink of water; that she refused to admit two people because they were "too young" and she didn't want to get into any more trouble with the liquor board. Although she was not present when the agents purchased ...


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