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COMMONWEALTH v. ERNEY

212 Pa.Super. 174 (1968)

Commonwealth, Appellant, v. Erney.

Superior Court of Pennsylvania.

March 21, 1968.

Attorney(s) appearing for the Case

John E. Gallagher, Assistant District Attorney, and Bernard V. O'Hare, Jr., District Attorney, for Commonwealth, appellant.

Renald S. Baratta, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION PER CURIAM, March 21, 1968:

This is an appeal from the grant of a demurrer in a prosecution for furnishing malt and brewed beverages to minors, the basis of which was that the Commonwealth had failed to prove beyond a reasonable doubt that the beverage served was in fact that type of beverage which is specifically prohibited by statute. Commonwealth v. Hefferman and Brodski, 96 Pa.Super. 351 (1929...

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