State v. Dame
Supreme Court of New Hampshire
Indictment, for keeping a disorderly house. The defendant excepted to the refusal of the court to instruct the jury that the charge that women of evil name, fame, and reputation frequented his house is a material part of the indictment; that it is matter of description, and must be proved as alleged.
1Opinion of the CourtStanley, J.
The validity of the defendant’s exception depends on whether there was a variance between the allegations in the indictment and the proof. The indictment was for keeping a disorderly house; and it contained an averment that “in the said house certain evil disposed persons, as well men as women, of evil name, fame, and conversation, to come together, did cause and procure, and the said persons in the said house, at unlawful times, as well in the night as in the day, on the days and times aforesaid, there to be and remain, drinking, tippling, cursing, swearing, quarrelling, and otherwise…
2Cases cited2 opinions
- King v. . People of the State of New YorkNew York Court of Appeals · 1881
- Hasey v. White Pigeon Beet Sugar Co.Michigan Supreme Court · 1843
3Cited by1 opinion
- State v. BurgessSupreme Court of New Hampshire · 1914