Commonwealth v. McDermott

Decided April 12, 1908

Supreme Court of Pennsylvania · decided 1908-04-12

Appeals, Nos. 194 and 195, Oct. T., 1908, by defendant, from judgments of Superior Court, April T., 1908, Nos. 190 and 191, affirming judgments of Court of Quarter Sessions of Washington Co., Nov. T., 1907, Nos. 11 and 108, on verdicts of guilty in cases of Commonwealth v. M. M. McDermott. Appeal from Superior Court. Error assigned was the judgment of the Superior Court affirming the judgment of the court of quarter sessions sustaining the constitutionality of the Act of May 29,1901, P. L. 327.

Relies on Commonwealth v. Caulfield

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1908-04-12

How this case has been cited

Cited by 3 later decisions — most recently October 1937

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Justice Brown,

¶2These appeals were manifestly taken for the purpose of re-arguing the question of the constitutionality of the Act of May 29,1901, P. L. 327, prohibiting the manufacture and sale of oleomargarine, butterine and other similar products when colored in imitation of yellow butter. We ought hardly to be again called upon to declare that act constitutional. In Commonwealth v. Caulfield, 211 Pa. 644, we said there was no reason “why we should stuff the reports” with a repetition of the decisions sustaining it.

¶3The assignments of error are overruled and the judgments of the Superior Court are affirmed.