Abrahams v. State
Supreme Court of Iowa
Error to the Des Moines District Court. The defendant was indicted for baying leased a bouse, knowing tbat tbe lessee intended to use tbe same as a place or resort for tbe purpose of prostitution and lewdness, and for baying knowingly permitted sucb lessee to use tbe same for sucb purpose.
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Error to the Des Moines District Court. The defendant was indicted for baying leased a bouse, knowing tbat tbe lessee intended to use tbe same as a place or resort for tbe purpose of prostitution and lewdness, and for baying knowingly permitted sucb lessee to use tbe same for sucb purpose. It would seem tbat there was no testimony to sustain the charge, tbat be leased tbe house with tbe knowledge tbat it would be so used; and tbat the prosecution relied for a conviction, upon tbe charge tbat be' knowingly permitted tbe same. On this subject, tbe court instructed tbe jury, tbat if tbe…
1Opinion of the CourtWhight, C. J.
The law provides that if any person let any house, knowing that the lessee intends to use it as a place or resort for the purpose of prostitution and lewdness, or knowingly permit such lessee to use the same for such purpose, he shall be punished by fine, &c. Code, § 2712. The material inquiry in the case, is, what is thé true meaning of the word permit, as here used ? We think the con-' struction given it by the court below, improperly changes the burden of proof. This construction assumes, that if it is once shown that a lessor has knowledge that the premises leased, are used for the…
2Cited by2 opinions
- State v. ProbascoSupreme Court of Iowa · 1883
- Mason v. United StatesCourt of Appeals for the Fourth Circuit · 1908