Legal Opinion

State v. Frazier

Supreme Judicial Court of Maine

Decided February 10, 1887PublishedCited by 3 opinions

On exceptions, from the superior court. cited: State v. Ruby, 68 Maine, 543 ; State v. Burke, 38 Maine, 574 ; State y. Stimpson, 45 Maine, 608; Carlton y. Commonioealth, 5 Met. 532 ; Whart. Cr. Law, § 414 and cases; 1 Bish. Cr. Pro. § 202 and cases; State v. Lang, 63 Maine, 215 ; Eaton v. Telegraph Co. 68 Maine, 63; State y.

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On exceptions, from the superior court. cited: State v. Ruby, 68 Maine, 543 ; State v. Burke, 38 Maine, 574 ; State y. Stimpson, 45 Maine, 608; Carlton y. Commonioealth, 5 Met. 532 ; Whart. Cr. Law, § 414 and cases; 1 Bish. Cr. Pro. § 202 and cases; State v. Lang, 63 Maine, 215 ; Eaton v. Telegraph Co. 68 Maine, 63; State y. Pike, 65 Maine, 111. It is an offence at common law for an owner of a building to knowingly let it with intent that it should be used by the tenant as a house of ill fame. Com. v. Harrington, 3 Pick. 28. In other respects, the statute is additional to the common law, and…

1Opinion of the CourtHaskell, J.

Indictment for aiding in the maintaining of a nuisance under R. S., c. 17, § 4, in that the respondent did permit a tenement under her control to be used as a house of ill fame, and for the illegal keeping and illegal sale of intoxicating liquors with her knowledge, permission, and consent.

To constitute an offense under the statute cited, it must appear that the tenement was either let for the illegal use, or that the illegal use was permitted.

It appeared that the respondent’s tenants at will occupied the premises, and used them.for the illegal purposes charged.

The respondent is not guilty of…

2Cited by3 opinions

  1. People v. SchoonmakerMichigan Supreme Court · 1927
  2. Strong v. StateCourt of Criminal Appeals of Texas · 1913
  3. Wineman v. Clover Farms DairyMississippi Supreme Court · 1934

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