46 Pa. Super. 488 | Pa. Super. Ct. | 1911
Opinion by
The defendant was convicted of selling liquor without license. His place of business is Dubois, Clearfield county, where he holds a license to sell liquor at wholesale. The sales complained of were made fo persons residing in or near Falls Creek in Jefferson county. The defendant employed an agent who visited the houses qf people residing there and solicited orders for beer and whisky which were reported by the agent to the defendant. Quantities of liquor corresponding with the amounts ordered were set apart and labeled with the names of the persons who had given orders to the agent, after which they were placed in the defendant’s wagon, hauled to the residences of the persons who were to receive them and there delivered. The fact of the sales was not controverted but the appellant contends that the court should have declared as a matter of law that they were not made in Jefferson county. It was urged in the court below and at the argument here that the testimony established a sale and delivery of the liquor at Dubois and that the transactions were in the exercise of the privileges conferred by the defendant’s license. It is contended by the commonwealth, on the other hand, that the orders were given, the price paid and the delivery of the property made in Jefferson county; that this delivery was so made by agreement of the defendant with the pur
The judgment is affirmed and the record remitted to the court below to the end that the sentence be carried into execution.