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Commonwealth v. Koczwara

Supreme Court of Pennsylvania
397 Pa. 575, 155 A.2d 825 (1959)


John Koczwara (defendant) operated a tavern in Pennsylvania, for which he obtained a liquor license. Koczwara was indicted on three counts of violating the Pennsylvania Liquor Code. The indictment was related to the presence of minors in his tavern on two occasions and the sale of beer to minors on one occasion. There was no evidence that Koczwara was present at the tavern when the minors were there. There was also no evidence that Koczwara personally sold the beer to minors or that he had any knowledge that the sale had occurred. His bartender had made the sale to the minors. The trial court found Koczwara vicariously liable and sentenced him to three months in jail and a $500 fine.

Rule of Law


Holding and Reasoning (Cohen, J.)

Dissent (Musmanno, J.)

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