Commonwealth v. Koczwara

Facts

D owns a restaurant authorized to sell intoxicating liquor. He was indicted in Lackawanna County for violations of the Liquor Code. At the trial, it was established that on several occasions minors entered the restaurant and purchased beer. The Trial Judge, in sustaining the verdict of the jury which convicted Koczwara on three counts, said in his opinion refusing a motion in arrest of judgment: 'In every instance the purchase was made from a bartender, not identified by name, and service to the boys was made by the bartender. There was no evidence that the defendant was present on any one of the occasions testified to by these witnesses, nor that he had any personal knowledge of the sales to them or other persons on the premises.' There was no evidence that D ever authorized the sales, had personal knowledge of them or was ever present when they happened. D was charged with a violation of state liquor laws that made it unlawful for any person, by himself or by his agent, to directly or indirectly sell any liquor contrary to state laws. At the conclusion of the Commonwealth's (P) evidence, Defense counsel then demurred to the evidence as to the counts. The demurrer was overruled. D thereupon rested without introducing any evidence and moved for a directed verdict of acquittal. The motion was denied, the case went to the jury, and the jury returned a verdict of guilty as to each of the remaining three counts: two counts of permitting minors to frequent the licensed premises without parental or other supervision, and the count of permitting sales to minors. D was convicted and sentenced to three months in jail and a $500 fine. D filed a motion in arrest of judgment. After argument before the court en banc, the motion was overruled. D took an appeal to the Superior Court, which affirmed the judgment and sentence of the lower court. A petition for an allowance of an appeal was filed by D.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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