Commonwealth v. Bessler
Court of Appeals of Kentucky
Case 75 — INDICTMENT APPEAL PROM CAMPBELL CIRCUIT COURT. The averment in an indictment for the offense of keeping a disorderly house, that the acts alleged to have been committed were done “on the-days, of-„ 1894, and before the finding of the indictment,” is sufficient to constitute a good indictment. (Bishop on Criminal Law, sec. 1119; Smith v. Commonwealth, 6 B. M., 21-23; Wilson v. Commonwealth, 12 B. M„ 2; Mallicoat v. Commonwealth, 16 Ky.
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Case 75 — INDICTMENT APPEAL PROM CAMPBELL CIRCUIT COURT. The averment in an indictment for the offense of keeping a disorderly house, that the acts alleged to have been committed were done “on the-days, of-„ 1894, and before the finding of the indictment,” is sufficient to constitute a good indictment. (Bishop on Criminal Law, sec. 1119; Smith v. Commonwealth, 6 B. M., 21-23; Wilson v. Commonwealth, 12 B. M„ 2; Mallicoat v. Commonwealth, 16 Ky. Law Rep., 359.) 1. The keeping a disorderly house is a nuisance, and the offense should be laid by charging that the acts complained of were…
1Opinion of the Court
JUDGE PATNTER
delivered the opinion of the court.
A demurrer was sustained to the indictment which charged the defendant, Bessler, with keeping a disorderly house, committed as follows; “The said Philip Bessler, on the..........days of...........'., 1894, and before the finding of the indictment in the county aforesaid, did unlawfully suffer and permit a number of persons to assemble in his barroom at Fort Thomas, in the Highlands, the same being in his occupation and under his control, and there and then to drink to intoxication and to indulge in loud, boisterous and profane language to the…
2Cited by6 opinions
- State ex rel. Arnold v. LichtaMissouri Court of Appeals · 1908
- State ex rel. Carman v. RossMissouri Court of Appeals · 1914
- State ex rel. Smith v. DykemanMissouri Court of Appeals · 1911
- Collins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Reynolds v. CommonwealthCourt of Appeals of Kentucky · 1959
1 more not listed; retrieve them via the Exa API.