State v. Hoelcher
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas. — Horn. jDavid PL. Eby, Judge. (1) Where husband and wife live together, he is presumed to be the head of the family, and regardless of ownership he is presumed to be liable for an unlawful use of the house, and to render her liable, it must appear that she was active in giving such permission, and in failing to prevent such use.
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Appeal from Hannibal Court of Common Pleas. — Horn. jDavid PL. Eby, Judge. (1) Where husband and wife live together, he is presumed to be the head of the family, and regardless of ownership he is presumed to be liable for an unlawful use of the house, and to render her liable, it must appear that she was active in giving such permission, and in failing to prevent such use. McLain on Criminal Law, sec. 148. The presumption of the husband’s control and responsibility for the conduct of the home is not overturned by the testimony, the law requires it should be overcome. The state has seen fit…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The defendant assigns as error the action of the trial court in refusing to sustain a demurrer to the evidence. This objection is predicated upon the theory that the evidence was insufficient to establish either the character of the house as charged, or that the defendant was the keeper. "We are of the opinion that the demurrer was properly overruled. Evidence to establish the character of a bawdy house must in most cases be inferential from the nature of the case. [State v. Dudley, 56 Mo. App. 450.] Evidence that the inmates of the house were prostitutes strongly…
2Cases cited7 opinions
- State v. Ma FooSupreme Court of Missouri · 1892
- Commonwealth v. TryonMassachusetts Supreme Judicial Court · 1868
- Ramey v. StateCourt of Criminal Appeals of Texas · 1898
- State v. PriceMissouri Court of Appeals · 1906
- State v. BarnardSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. HesselmeyerSupreme Court of Missouri · 1938
- City of St. Louis v. CookMissouri Court of Appeals · 1966
- State v. HumfeldMissouri Court of Appeals · 1914