People v. Erwin
New York Supreme Court
Certiorari to Albany mayor’s court, where the defendants were indicted for keeping a common bawdy house. On the trial in that court, evidence was given tending to show that the defendant Erwin owned the house, and rented it to the defendant Clark to be kept for the purposes of prostitution, she agreeing to pay double the amount of rent which the house would bring if let for a lawful purpose.
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Certiorari to Albany mayor’s court, where the defendants were indicted for keeping a common bawdy house. On the trial in that court, evidence was given tending to show that the defendant Erwin owned the house, and rented it to the defendant Clark to be kept for the purposes of prostitution, she agreeing to pay double the amount of rent which the house would bring if let for a lawful purpose. The defendant Clark had the management of the house ; but the defendant Erwin was often in it, and well knew that it was kept as a common bawdy house. Erwin insisted that unless he acted in directing,…
1Per curiam
In misdemeanors there are no accessories, as there are in felonies; but all the guilty actors, whether present or absent at the time the offence was committed, are principals; and should be indicted as such. In Brockway v. The People this rule was not followed. The defendant was indicted for demising his house to be kept as a common bawdy house, when the charge should have been, that he kept the house. This fault in the indictment was noticed in the dissenting opinion of Mr. Justice Cowen; and although not expressly mentioned in the opinion of Chief Justice Nelson, it was the ground on which…
2Cited by27 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- The People v. . LyonNew York Court of Appeals · 1885
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1883
- People v. ClarkCourt Of Oyer And Terminer New York · 1891
- Joyce v. MartinSupreme Court of Rhode Island · 1887
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