Commonwealth v. Cheney
Massachusetts Supreme Judicial Court
Indictment under Gen. Sts. c. 87, § 7, for keeping a building used as a house of ill fame: At the trial in the Superior Court, before Pitman, J., the prosecution introduced evidence tending to show that the building was used as a house of ill fame, and that the defendant was “the head woman,” and ostensibly had control of the house.
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Indictment under Gen. Sts. c. 87, § 7, for keeping a building used as a house of ill fame: At the trial in the Superior Court, before Pitman, J., the prosecution introduced evidence tending to show that the building was used as a house of ill fame, and that the defendant was “the head woman,” and ostensibly had control of the house. The defendant put in evidence a certificate of marriage and other testimony, tending to show that she was a married woman living with her husband in the building, which was hired, furnished and provided for by him during all the time covered by the indictment, and…
1Opinion of the Court
By the Court.
The instruction requested was rightly re-
fused. At common law, and under the Gen. Sts. c. 87, § 7, a married woman may be indicted, and upon appropriate evidence convicted, either separately or jointly with her husband, of keeping a house of ill fame, even if he resides with her in the house, Commonwealth v. Lewis, 1 Met. 151. Commonwealth v. Tryon, 99 Mass. 442.
Exceptions overruled.
2Cases cited2 opinions
- City of Louisville v. ZanoneCourt of Appeals of Kentucky · 1858
- Commonwealth v. TryonMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- Commonwealth v. HillMassachusetts Supreme Judicial Court · 1887
- State v. GillSupreme Court of Iowa · 1911
- People v. WheelerMichigan Supreme Court · 1905