Commonwealth v. Feinberg

234 A.2d 913 (1967)

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Nature of the Case

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Facts

D owned and operated a cigar store in the skid-row section of Philadelphia. D sold Sterno which contained approximately 3.75% methanol, or wood alcohol, and 71% ethanol, or grain alcohol; of the two types of alcohols, methanol is far more toxic if consumed internally. Sterno began manufacturing a new type of industrial Sterno which was 54% methanol. The cans were identical, but the lids of the new 54% methanol Sterno were imprinted the words 'Institutional Sterno. Danger. Poison. For use only as a Fuel. Not for consumer use. For industrial and commercial use. Not for home use.' A skull and crossbones were also lithographed on the lid. The carton in which the new Sterno cans were packaged and shipped did not indicate that the contents differed in any respect from the old industrial Sterno. D took delivery of the only carton of the new cans in the Philadelphia area. The distributor had not opened any of the cartons and was unaware that he was selling D a new type of industrial Sterno. D sold approximately 400 cans of the new industrial Sterno. Between December 23 and December 30, thirty-one persons died in the skid-row area as a result of methanol poisoning. The methanol was traced to the new industrial Sterno. D was arrested and indicted on thirty-one counts charging involuntary manslaughter. D was convicted on seventeen counts of involuntary manslaughter. D appealed. D contends his convictions as a result of any criminal negligence on his part cannot be maintained.