State v. Still

Harrington, J.,

delivering the opinion of the Court:

The cases cited by the State involve indictments for keeping houses of ill fame. King v. Commonwealth, 154 Ky. 829, 159 S. W. 593; State v. Hull, 18 R. I. 236, 26 A. 191, 20 L. R. A. 609, 615.

It is conceded by the defendant that evidence of the general reputation of the house is sometimes admitted when the particular nuisance alleged consists in keeping a house of this character. In admitting such evidence, the Courts have apparently applied two theories:

1. That the particular statutory charge relied on makes reputation an essential element…