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COMMONWEALTH v. BRISTOW

185 Pa.Super. 448 (1958)

Commonwealth, Appellant, v. Bristow.

Superior Court of Pennsylvania.

January 21, 1958.

Attorney(s) appearing for the Case

Thomas D. McBride, Attorney General, with him Frank P. Lawley, Jr., Deputy Attorney General, and George C. Eppinger, District Attorney, for appellant.

John W. Keller and Thomas J. MacBride, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY RHODES, P.J., January 21, 1958:

Defendant, Val S. Bristow, was indicted, tried, and convicted by a jury for the violation of the Act of May 15, 1939, P.L. 134, as amended, 35 PS § 1271 et seq., hereinafter referred to as the "Fireworks Law," which prohibits, except in certain cases, the sale, offering or exposing for sale and use of fireworks. The court below held that the Law was unconstitutional, as it relates to the prohibition of the sale, the...

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