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COMMONWEALTH v. DiMEGLIO

179 Pa.Super. 472 (1955)

Commonwealth v. DiMeglio, Appellant.

Superior Court of Pennsylvania.

July 21, 1955.

Attorney(s) appearing for the Case

Lewis H. VanDusen, Jr., with him Henry S. Drinker, Arthur D. Wingebach, and Lester E. Waterbury, for appellants.

L.G. Forer, Deputy Attorney General, with her Harry F. Stambaugh, Special Counsel, Samuel M. Jackson, Deputy Attorney General and Herbert B. Cohen, Attorney General, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, and WRIGHT, JJ. (WOODSIDE and ERVIN, JJ., absent).

OPINION BY WRIGHT, J., July 21, 1955:

Frank and Nick DiMeglio, proprietors of a restaurant and cafeteria in the City of Chester, were convicted in a summary proceeding before a Justice of the Peace on a charge of violating the General Food Law (Act of May 13, 1909, P.L. 520, 31 PS § 1, et seq.) by offering for sale lemon pies "adulterated with yellow coal tar color". The Court of Quarter Sessions of Delaware County allowed an appeal and heard the case de novo...

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