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COMMONWEALTH v. KEMPISTY (03/24/60)

March 24, 1960

COMMONWEALTH
v.
KEMPISTY, APPELLANT.



Appeal, No. 163, April T., 1959, from judgment of Court of Quarter Sessions of Beaver County, March T., 1958, No. 11, in case of Commonwealth of Pennsylvania v. Mary Kempisty. Judgment reversed.

COUNSEL

James B. Ceris, with him Samuel L. Goldstein, for appellant.

Richard P. Steward, District,attorney, for Commonwealth, appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 191 Pa. Super. Page 603]

OPINION BY WATKINS, J.

The appellant, Mary Kempisty, was charged with and found guilty, in the Court of Quarter Sessions of Beaver County, of contributing to the delinquency of one Richard Allan Sutton, a child of the age of 17 years, to whom the jurisdiction of the Juvenile Court of Beaver County had attached, by permitting beer to be served to him on November 21, 1958 on her licensed premises. Motions for a new trial and in arrest of judgment were denied and the appellant was sentenced to pay the costs, a fine of $500 and to undergo imprisonment in the Beaver County jail for a term of three months. This appeal followed.

The misdemeanor for which this appellant was indicted is set forth in the Act of June 2, 1933, P.L. 1433, Sec. 20, 11 PS ยง 262 which reads as follows: "Any person who contributes to the delinquency of any child to whom the jurisdiction of any juvenile court within this Commonwealth has attached, or shall hereafter attach, or who knowingly assists or encourages such child in violating his or her parole or any order of the said court, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine of not more than five hundred dollars, or to undergo imprisonment for a term not exceeding three years, or both, at the discretion of the court.

"In trials or hearings upon charges of violating the provisions of this section, knowledge of the delinquent child's age, and of the said court's orders and decrees concerning such child, shall be presumed in the absence of satisfactory proof of the contrary."

The Commonwealth proved that a sale of beer was made to the minor on the date in question by the son of the appellant on her licensed premises, but the Commonwealth revealed in its own evidence, that at the time of the said sale, the appellant was not on the licensed premises but was sleeping in the apartment

[ 191 Pa. Super. Page 604]

    upstairs. The evidence further shows that she had no knowledge of the minor's presence on the premises or the sale by her son, and that she did not consent to the sale and had specifically instructed the son not to make such sales to any minor.

The court below dismissed the defendant's motion for arrest of judgment by saying, "we conclude that there is no merit in this motion and it will be overruled." The court below evidently was constrained to believe that this case, so far as the motion in arrest of judgment was concerned, was ...


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