Malta Scarborough v. State
Supreme Court of Georgia
Before Judge Clark. Sumter Superior Court, April Term, 1872. Malta Scarborough was tried upon the following indictment: “ GEORGIA — Sumter County.
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Before Judge Clark. Sumter Superior Court, April Term, 1872. Malta Scarborough was tried upon the following indictment: “ GEORGIA — Sumter County. “The grand jurors, sworn, chosen and selected for the county of Sumter, to-wit: * * * In the name and behalf of the citizens of Georgia, charge and accuse Malta Scarborough and Harriet Scarborough, of the county and State aforesaid, with the offense of keeping a lewd house; for that the said Malta Scarborough and Harriet Scarborough, on March 20th, 1872, in the county aforesaid, did then and there, unlawfully, by themselves and by others, maintain…
1Opinion of the Court
McCay, Judge.
Assuming what seems incontestible from the proof, that the house of the defendant was a place for the practice of fornication and adultery, we think it would be adding to the statute an element that it does not contain to say that to con-statute the offense, it must be shown that the house was kept for profit. This is not a common law offense, nor does its definition depend upon the common law definition of a lewd house. The Code defines the meaning: “ or house for the practice of fornication or adultery, by himself, herself or others.” Any one guilty of maintaining or keeping…
2Cited by18 opinions
- Howell v. StateSupreme Court of Georgia · 1926
- York v. StateCourt of Appeals of Georgia · 1931
- Oliveros v. StateSupreme Court of Georgia · 1904
- Sharpton v. StateCourt of Appeals of Georgia · 1907
- Gay v. SmithCourt of Appeals of Georgia · 1935
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