# Commonwealth v. Koczwara

> Supreme Court of Pennsylvania · November 25, 1959 · 397 Pa. 575

URL: https://www.frixlaw.com/law-library/cases/9697292

## Case

- **Full name:** Commonwealth v. Koczwara, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 25, 1959
- **Citations:** 397 Pa. 575; 155 A.2d 825; 1959 Pa. LEXIS 493
- **Precedential status:** Published
- **Opinion:** Concurrence by Bell
- **Judges:** Jones, C.J., Bell, Musmanno, Jones, Cohen, Bok and McBride
- **Cited by:** 132 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9697292

## How later opinions describe it (automated extraction)

- holding that certain sections of the Liquor Code did not require a mens rea when the legislature included terms such as “knowingly” and “willfully” in some provisions, but not in others
- holding that imprisonment for vicarious liability crime violated due process under Pennsylvania Constitution

## Opinion text

Concurring and Dissenting Opinion by
Mr. Justice Bell:
Although the question is close, in my judgment this case is ruled in principle by Commonwealth v. Sellers, 130 Pa. 32 ; Commonwealth v. Holstein, 132 Pa. 357 ; Commonwealth v. Zelt, 138 Pa. 615 ; Commonwealth v. Johnston, 2 Pa. Superior Ct. 317 ; Commonwealth v. Jackson, 146 Pa. Superior Ct. 328 (affirmed 345 Pa. 456 ); Commonwealth v. Zasloff, 137 Pa. Superior Ct. 96 ; Commonwealth v. Borek, 161 Pa. Superior Ct. 200 . I believe that the distinction which is drawn by the majority is of insufficient weight to distinguish and govern the instant case.
I would affirm the judgment and the sentence on the opinion of Judge Hirt, speaking for a unanimous Superior Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9697292. Public record. Not legal advice.