Commonwealth v. Scolieri
Pennsylvania Supreme Court
813 A.2d 672 (2002)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
Sixteen-year-old Joshua Fosnight met Joseph Scolieri (defendant) through a friend at the Econo Lodge Bar. Scolieri sold Fosnight alcohol from the bar, but at no point ever confirmed his age by checking his identification. A few months later, Scolieri gave Fosnight a bottle of vodka in exchange for $30. Scolieri was arrested for furnishing alcohol to a minor. The trial court found that Fosnight looked older than his age, and that the commonwealth (plaintiff) had failed to prove beyond a reasonable doubt that Scolieri knew Fosnight was underage. Despite this, Scolieri was convicted. The court held that all the commonwealth had to prove under the statute was that Scolieri knowingly and intentionally furnished alcohol to a person, they did not need to prove that he knew the person was under the age of 21. The superior court affirmed the judgement, and Scolieri appealed.
Rule of Law
Issue
Holding and Reasoning (Newman, J.)
Dissent (Saylor, J.)
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