Commonwealth V. Feinberg

Commonwealth v. Feinberg

Superior Court of Pennsylvania, 1967.

211 Pa.Super. 100, 234 A.2d 913, affirmed 433 Pa. 558, 253 A.2d 636 (1969).

Facts: Max Feinberg was the owner of a small cigar store. In the skid-row area around his store he sold Sterno, a type of fuel used to heat up things and are sold as home use or institutional use. It was made clear that Feinberg knew his customers were buying Sterno to drink it instead of its actual purpose. Feinberg bought more Sterno from Richter Paper Company. He got a new shipment from Richter Paper Company but it was a new type of Sterno, it was only Institutional Sterno which went from four percent methanol to fifty-five percent methanol. Feinberg still sold as home use Sterno not informing his customers of the higher percentage of methanol. Once Feinberg realized that people were dying because of methanl poisoning he quickly returned what was left of his original shipment. Feinberg still had sold about 400 containers of Sterno to customers.

Procedure: Feinberg was tried and convicted in the Superior Court of Pennsylvania and  this case is now at the appellate court of Pennsylvania.

Issue: Should Feinberg be tried for manslaughter if he did not commit any unlawful act?

Holding: Yes

Reasoning: Feinberg did not commit an unlawful act but did have criminal negligence since he knew how some of his customers were using the product. He knew and had intentions of selling to these same people for drinking purposes. Also Feinberg knew that the “New Sterno” had more methanol and failed to mention it to anyone was also negligence.

Dissenting: Hoffman, J., files a dissenting opinion.