Handy v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Ann Handy was indicted for keeping a bawdy house. The indictment only set out that the offense was committed in Copiah County, without specifying anything further as to the place where the house was kept.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Ann Handy was indicted for keeping a bawdy house. The indictment only set out that the offense was committed in Copiah County, without specifying anything further as to the place where the house was kept. The defendant moved to quash the indictment because it failed to show that the house which the defendant was charged with keeping was situated in any public place, as in a city, town, or village, or that it was near any public street or highway, or that any person resided near thereto, or that any person was iñ the…
1Opinion of the CourtArnold, J.
It was not necessary to allege in the indictment that the house was kept in a public place, city, town, or village, or on or pear any public street or highway, or that any person resided near thereto, or Was in the habit of passing thereby. According to approved forms and precedents, it was sufficient on this point to charge that the house was kept in the county in which the indictment was found. Bishop’s Directions and Forms, §§ 781 and 782; Bish. Cr. Pro., §84.
The motion for a new trial should have been sustained, because the testimony was not sufficient to convict, and the evidence in…
2Cases cited3 opinions
- Wooster v. StateSupreme Court of Alabama · 1876
- Toney v. StateSupreme Court of Alabama · 1877
- People v. MauchNew York Supreme Court · 1862
3Cited by7 opinions
- Commonwealth v. MurrSuperior Court of Pennsylvania · 1898
- Jones v. StateCourt of Appeals of Georgia · 1907
- Rosetto v. City of Bay St. LouisMississippi Supreme Court · 1910
- State v. CambronSouth Dakota Supreme Court · 1905
- State Ex Rel. District Attorney v. WhiteMississippi Supreme Court · 1937
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