84 Pa. Super. 97 | Pa. Super. Ct. | 1924
Argued October 7, 1924.
On full consideration of the record in this case we are obliged to sustain the eighth and eleventh assignments of error. We might pass over either of them, if it stood alone, on the principle that it could not have misled the jury, (Com. v. Daily,
We find no reversible error in the remaining assignments. The lower court did not abuse its discretion in refusing to withdraw a juror and continue the case, in the circumstances here present; nor did it err in refusing defendant's request to direct a verdict of not guilty at the conclusion of the Commonwealth's case: Com. v. Sonis,
The court below rightly held that under the single count in this indictment evidence of violations of the Woner Law (Act of May 5, 1921, P.L. 407) was not admissible. While the saving clause (section 15) of the Act of March 27, 1923, P.L. 34, provides that as to crimes committed prior to the date of its approval, offenders may be prosecuted and punished under and in accordance with the laws then in force, "as if this act had not been passed," it does not authorize a prosecution for such prior offenses under the present act, and to *100
include them in the indictment, a separate count would be necessary. See Com. v. Price,
As the case goes back for a retrial it should be noted that under the Act of March 27, 1923, supra, an indictment which charges the defendant with the illegal possession, transportation and sale of intoxicating liquors in one count can be sustained only on the theory that they are connected with the same transaction and may be considered as phases of the same event or offense, (Com. v. Zeitler,
The judgment is reversed and a new trial awarded.