State v. Vliet

Brogan, Chief Justice.

The plaintiff in error was convicted of lewdness. The defense was an alibi as to the date of the offense and a general denial of the charge.

The first ground upon which a reversal is sought is that the trial court erred in refusing to quash the indictment. The basis of that motion was that since section 51 of the Crimes act (2 Comp. Stat., p. 1762) denounces both open and private lewdness as separate offenses against the statute, the indictment was deficient as a matter of law since it did not specify which kind of lewdness was charged. The court held that the indictment…