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COMMONWEALTH v. BACKA

225 Pa.Super. 224 (1973)

Commonwealth, Appellant, v. Backa.

Superior Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

Louis R. Paulick, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellant.

Carl Max Janavitz, with him Joseph G. Kanfoush, and Janavitz, Janavitz & Kanfoush, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent).

OPINION BY CERCONE, J., September 19, 1973:

The defendants, David Alton, John Backa and Daniel Backa were indicted and stood trial on a charge that they did "expose and keep for sale and offer for sale and did sell for consumption on the premises where sold, beer, not then and there being holder of a valid license in violation of Section 492, Subsection 2 of the Liquor Code". The uncontradicted facts appearing of record, as stated by the lower court in its opinion...

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