Smith v. Commonwealth
Court of Appeals of Kentucky
Error to the Lexington City Court. Indictment. Case 7. The charges in the indielment. The opinions of witnesses that a house is a_ nuisance as it is kept, is incompetent, upon one g^ngCanuisance] The habitual practice of a punishable of-fence, tho’ punishable by pecuniary penalty, may nevertheless constitute a house in which they are practised, a public nuisance, for which an indictment will lie.
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Error to the Lexington City Court. Indictment. Case 7. The charges in the indielment. The opinions of witnesses that a house is a_ nuisance as it is kept, is incompetent, upon one g^ngCanuisance] The habitual practice of a punishable of-fence, tho’ punishable by pecuniary penalty, may nevertheless constitute a house in which they are practised, a public nuisance, for which an indictment will lie. Keeping a house at which spirituous liquor is habitually sold to slaves, is an indictable offence, notwithstanding each act of sellingmay subject the offender to a pecuniary penalty‘
1Opinion of the CourtChief Justice Ewing
This is an indictment in the City Court of Lexington, against Smith, for keeping a disorderly house. The indictment charges, that Smith on a certain day, “and on divers other days and times, between that day and the taking of this inquisition, with force and arms, in the City aforesaid, unlawfully did keep and maintain a common, ill-governed and disorderly house, and in the said house, for the lucre and gain of him, the said Richard Smith, certain persons, as well men as women, of evil fame and name, and of dishonest conversation, then and on said other days and times, there unlawfully and…
2Cited by7 opinions
- State ex rel. Vance v. CrawfordSupreme Court of Kansas · 1882
- Sparks v. StateSupreme Court of Alabama · 1877
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- Walt v. PeopleSupreme Court of Colorado · 1909
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