2 Pa. Super. 474 | Pa. Super. Ct. | 1896
Opinion by
We agree with the court below in holding that the system of checks adopted by this association did not make the transaction essentially different from what it would have been if the members had paid the janitor or steward directly for the liquor furnished, and he had turned over the money to the association. We agree also, that if the object of an association is merely to provide members with a convenient method of obtaining intoxicating drinks whenever they desire them and if the form of membership is no more than a pretense, so that any person without discrimination can procure liquor by signing his name in a book or buying a ticket or a check, thus
The other assignments .will be briefly considered in their order:
First assignment. This is not in accordance with rule XVII. because the answer of the witness is not given. The reasons for this rule and the importance of conforming to it are so clearly shown in Battles v. Sliney, 126 Pa. 460, that we need only refer to that case.
Second assignment. Even if the objection that the question was leading was well taken, yet as the witness did not answer, no harm was done. If it was apparent that the only purpose of the question was to ridicule or humiliate the witness, who had been called, by the counsel putting it, it should have been rejected on that ground. But of this the trial judge was better able to judge than we, and we are not clear that he erred in the exercise of his discretion in that regard.
Third assignment. As the charter had been put in evidence it was incompetent and a mere waste of time to ask the defendant what its provisions were. But as he did not answer the question the error in overruling the objection did not harm him.
Fourth assignm ent. The stenographer’s notes show that, after the evidence was closed, but whether before or after the jury were charged does not affirmatively appear, the counsel for the defendant asked “ to have the remarks of the district attorney in his argument, to which they desire exceptions, to be placed on the record.” Then follow the remarks quoted in the assignment, and then the notes show that an exception was noted and a bill sealed for the defendant. The assignment is that the court erred in permitting the counsel to make the remarks quoted. Some of the statements alleged to have been made by counsel were outside reasonable limits and we remark generally
Fifth assignment. This is overruled for the reason that the record does not show that the ruling was excepted to at the time.
Seventeenth assignment. The learned judge did not charge the jury as to the contents of an anonymous letter not put in evidence. He did speak of a notice he had received in consequence of which he directed the constable to investigate the case. This explanation of how the return came to be made ought to have been unnecessary, but it was evidently called out by remarks of counsel. Its only effect was to show that the costs ought not to be put on the constable in case of acquittal. If the language of the charge had been quoted totidem verbis in the assignment as rule XVI. requires, its purpose would have been apparent, and it would also have been seen at once that it did not harm the defendant.
Judgment reversed and a venire facias de novo awarded.