Stone v. State
Court of Appeals of Texas
Appeal from the County Court of Hunt. Tried below before-the Hon. J. S. Sherrill, county judge. The conviction in .this case was for keeping a disorderly house-in Hunt county, Texas, and the punishment assessed against-the appellant was a fine of five hundred dollars. E. 0. Johnson was the first witness for the State. He testified that he lived in Greenville, Hunt county, Texas. He knew the-general reputation of the house known as the old Coffey hotel..
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Appeal from the County Court of Hunt. Tried below before-the Hon. J. S. Sherrill, county judge. The conviction in .this case was for keeping a disorderly house-in Hunt county, Texas, and the punishment assessed against-the appellant was a fine of five hundred dollars. E. 0. Johnson was the first witness for the State. He testified that he lived in Greenville, Hunt county, Texas. He knew the-general reputation of the house known as the old Coffey hotel.. From that reputation it was a house of public prostitution on the-fourth day of May, 1886. Witness saw several women at the house at the time…
1Opinion of the Court
Willson, Judge.
I. The notes and mortgage offered in evidence by defendant, and rejected, were not immaterial or irrelevant. They tended to show that Behrens, and not the defendant, was the keeper of the house. It was error to reject them. (Whart. Cr. Ev., 9 ed., sec. 24.)
II. That portion of the charge of the court which intsructs the jury that proof of the general reputation of the house is sufficient to establish the character of the house is a charge upon the weight of evidence. It is the settled doctrine in this State that the character of a house alleged to be a disorderly house may be…
2Cases cited2 opinions
- Sylvester v. StateTexas Supreme Court · 1874
- Morris v. StateTexas Supreme Court · 1873
3Cited by5 opinions
- People v. . FieldingNew York Court of Appeals · 1899
- State v. ProctorSupreme Court of Iowa · 1892
- Putman v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. CambronSouth Dakota Supreme Court · 1905
- Little v. StateCourt of Criminal Appeals of Texas · 1915