State v. Smith
Supreme Court of Minnesota
• Appeal by defendant from an order of the district court for Ramsey county. Brill, J., presiding, refusing a new trial.
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• Appeal by defendant from an order of the district court for Ramsey county. Brill, J., presiding, refusing a new trial. Tbe instructions to tbe jury requested by defendant, and refused by tbe court, and referred to in the opinion, were the following: (Second preliminary request.) “I ask the court to instruct the jury, with reference to the testimony of. the last witness, that if the jury believe this house was a house of prostitution, and that the defendant kept it, in that case the last witness was an accomplice in a felony, and that a conviction cannot be had upon her uncorroborated…
1Opinion of the CourtMitchell, J.
Upon a trial on indictment for keeping a house of ill-fame, resorted to for purposes of prostitution, evidence of the general reputation of the house is competent. The term “house of ill-fame” is no doubt a mere synonym for “bawdy house,” having no reference to the fame of the place, but denoting the fact. Hence we do not assent to the position taken by counsel for the state that it is necessary to prove the repute of the house. Yet, in matter of evidence, proof of the fact may be aided by the fame. 1 Bishop, Crim. Law, § 1088; 2 Wharton, Crim. Law, § 1451; O’Brien v. People, 28 Mich. 213 ;…
2Cases cited8 opinions
- State v. BrunellWisconsin Supreme Court · 1872
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Morris v. StateTexas Supreme Court · 1873
- O'Brien v. PeopleMichigan Supreme Court · 1873
- State v. WellsSupreme Court of Iowa · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dickerson v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- State v. LeeSupreme Court of Iowa · 1890
- Commonwealth v. MurrSuperior Court of Pennsylvania · 1898
- State v. HendricksMontana Supreme Court · 1895
- Demartini v. AndersonCalifornia Supreme Court · 1899
17 more not listed; retrieve them via the Exa API.