Legal Opinion

Drake v. State

Nebraska Supreme Court

Decided July 15, 1883PublishedCited by 19 opinions

Error to the district court for Lancaster county. Tried below before Gaslin, J., in absence of Pound, J. Proof that the house was of ill fame must be by fads, not fame. State v. Boardman, 1 Am. Crim. Rep., 351. 2 Bishop Crim. Proc., § 91. Caldwell v. The State, 17 Conn., 467. Selection of grand jury. Comp. Stat., 618, 726. MeElvoy v. The State, 9 Neb., 157. Bwrley v. The State, 1 Id., 397. Right of Gaslin, J., to hold term. Comp.

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Error to the district court for Lancaster county. Tried below before Gaslin, J., in absence of Pound, J. Proof that the house was of ill fame must be by fads, not fame. State v. Boardman, 1 Am. Crim. Rep., 351. 2 Bishop Crim. Proc., § 91. Caldwell v. The State, 17 Conn., 467. Selection of grand jury. Comp. Stat., 618, 726. MeElvoy v. The State, 9 Neb., 157. Bwrley v. The State, 1 Id., 397. Right of Gaslin, J., to hold term. Comp. Stat., 201. Ellis v. Karl, 7 Neb., 385. cited: State v. Brwnett, 29 Wis., 435. Candy v. The State, 8 Neb., 485. Nuckolls v. Irwin, 2 Neb., 63.

1Opinion of the Court

Lake, Ch. J.

The plaintiff in error was convicted under sec. 210 of the criminal code, for permitting a house, of which he was the owner, to be “used and occupied as a house of ill fame.”

*537The first objection made to the conviction in the brief of counsel is, that the evidence was insufficient to warrant it. In this we think counsel is mistaken. The evidence to establish the guilt of the accused was overwhelming. It consisted not only of the uncontradicted testimony of a large number of credible witnesses residing in the neighborhood of the house, that it was of ill fame during the time laid in…

2Cases cited4 opinions

  1. Cadwell v. StateSupreme Court of Connecticut · 1846
  2. State v. BrunellWisconsin Supreme Court · 1872
  3. Ellis v. KarlNebraska Supreme Court · 1878
  4. Commonwealth v. StewartSupreme Court of Pennsylvania · 1815

3Cited by19 opinions

  1. Selowsky v. Superior Court of Napa CountyCalifornia Supreme Court · 1919
  2. State v. LeeSupreme Court of Iowa · 1890
  3. State ex rel. English v. FanningNebraska Supreme Court · 1914
  4. Commonwealth v. MurrSuperior Court of Pennsylvania · 1898
  5. State v. HendricksMontana Supreme Court · 1895

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