Kessler v. State
Supreme Court of Georgia
Accusation of keeping .and maintaining a lewd house. Before Judge Hodges. City court of Macon. October 31, 1903. The plaintiff in error rented a house from the owner of it for a term of three years, and sublet it at a profit to a lewd woman, knowing that her intention was to maintain it as a lewd house, and that it had been so maintained for years by others.
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Accusation of keeping .and maintaining a lewd house. Before Judge Hodges. City court of Macon. October 31, 1903. The plaintiff in error rented a house from the owner of it for a term of three years, and sublet it at a profit to a lewd woman, knowing that her intention was to maintain it as a lewd house, and that it had been so maintained for years by others. He continued to sublet it to her after knowing that she was actually carrying it on as such; though he contributed nothing toward carrying on the woman’s business, and received none of the profit therefrom. He did receive, beside the…
1Opinion of the CourtCobb, J.
If the owner of a house leased it to another for the purpose of keeping a lewd house, or if he leased it with the knowledge chat it was to be so kept, he was guilty of a misdemeanor at common law. 9 Am. & Eng. Enc. L. (2d ed.) 527; 5 Id. (1st ed.) 699 ; 2 Clark & Mar. Crimes, 1125; 2 Bish. Crim. Proc. §119; Hughes’ Cr„ L. & Proc. §2099; 2 Whart. Or. L. (10th ed.) § 1459. Penal Code, §391, which declares that “if any person shall maintain and keep a lewd house, or place for the practice of fornication or adultery, either by himself or others, he shall be guilty of a misdemeanor,” is but a…
2Cases cited1 opinion
- Clifton v. StateSupreme Court of Georgia · 1874
3Cited by7 opinions
- Loeb v. StateCourt of Appeals of Georgia · 1909
- Rosencranz v. United StatesCourt of Appeals for the Ninth Circuit · 1907
- Blackwell v. StateCourt of Appeals of Georgia · 1966
- Kinard v. StateCourt of Appeals of Georgia · 1911
- Shealy v. StateCourt of Appeals of Georgia · 1977
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