second offense not committed in law until there has been judgment for first; when statute makes second offense subject to greater punishment than first, it is always implied that second offense must be committed after conviction for first offense
How later courts described this case
- second offense not committed in law until there has been judgment for first; when statute makes second offense subject to greater punishment than first, it is always implied that second offense must be committed after conviction for first offense
Written by the judges who cited it.
The opinion
Opinion by
Mr. Justice Brown,
These appeals were manifestly taken for the purpose of re-arguing the question of the constitutionality of the Act of May 29,1901, P. L. 327, prohibiting the manufacture and sale of oleomargarine, butterine and other similar products when colored in imitation of yellow butter. We ought hardly to be again called upon to declare that act constitutional. In Commonwealth v. Caulfield, 211 Pa. 644 , we said there was no reason “why we should stuff the reports” with a repetition of the decisions sustaining it.
The assignments of error are overruled and the judgments of the Superior Court are affirmed.