55 Ala. 217 (Ala. 1876), Wooster v. State
|Citation:||55 Ala. 217|
|Opinion Judge:||BRICKELL, C.J.|
|Party Name:||Wooster v. The State.|
|Attorney:||JNO. GINDRAT WINTER, for the defendant. JNO. W. A. SANFORD, Attorney-General, for the State.|
|Court:||Supreme Court of Alabama|
Indictment for Keeping Bawdy-House.
FROM the City Court of Montgomery.
Tried before the Hon. JNO. A. MINNIS.
1. The court erred in not sustaining the demurrer to the indictment. The two counts charged different offenses, which could not properly be joined in the same indictment.-- The State v. Covy, 4 Porter, 186; Coleman v. The State, 5 Porter, 32; Norvell v. The State, 50 Ala. 174; Amer. Crim. Law, vol. 1, § 395. The defendant was entitled to the benefit of her demurrer, and the consequences of the misjoinder could not be avoided by striking out one of the counts.-- Rose v. The State, Minor, 28.
2. The court erred in admitting evidence of the general reputation of the house and its inmates.--Amer. Crim. Law, vol. 3, § 2367; Commonwealth v. Hopkins, 2 Dana, 418; Overstreet v. The State, 3 How. Miss. 328; United States v. Jourdine, 4 Cranch, 338; People v. Mauch, 24 How. N.Y. Pr. 276; Commouwealth v. Stewart, 1 Serg. & R. 342.
The first count in the indictment charges the statutory offense of being "a common prostitute, or the keeper of a house of prostitution," having no honest employment, whereby the defendant could maintain herself. The second count charges the common-law offense of keeping a bawdy-house. The two offenses are of the same nature, belong to the same class of crimes, and each is a misdemeanor. The statutory offense is punishable, on the first conviction, by fine of not less than ten...
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