83 N.Y. 587, King v. People

Citation83 N.Y. 587
Party NameJAMES B. KING, Plaintiff in Error, v. The PEOPLE OF THE STATE OF NEW YORK, Defendants in Error.
Case DateJanuary 25, 1881
CourtNew York Court of Appeals

Page 587

83 N.Y. 587

JAMES B. KING, Plaintiff in Error,

v.

The PEOPLE OF THE STATE OF NEW YORK, Defendants in Error.

New York Court of Appeal

January 25, 1881

Argued January 17, 1881.

Page 588

COUNSEL

N.C. Moak for plaintiff in error. The court erred in refusing to charge defendant's request: 'That the playing cards in defendant's house does not, of itself, make it a disorderly house.' (2 Wharton's Cr. Law [8th ed.], § 1465; Id . [ 7th ed.], § 2407; People v. Sergeant, 8 Cow. 139; 2 Hawkins' Pleas of the Crown [Leach's ed.], 145, chap. 75, § 6; 1 Bishop's Cr. Law [6th ed.], § 1135; to same effect, § § 504, 1106; 2 Arch. Cr. Pl. & Pr. [ 8th ed.] p. 1767; Laws of 1851, chap. 504, p. 943; Hitchens v. The People, 39 N.Y. 454.) The court erred in charging the jury that 'it is not necessary, to constitute the offense, that the public should be disturbed by noise, ' and in refusing to charge, that in order to convict they must find that his house was so kept as to annoy and disturb the persons near or having occasion to pass it. ( People v. Sergeant, 8 Cow. 140; Mains v. State, 42 Ind. 327, 328; 1 Bishop's Crim. Law, § § 1046, 1051; Hunter v. Commonwealth, 2 Serg. & Rawle, 298, 299, 300; People v. Mauch, 24 How. Pr. 278;

Page 589

Boyd's Case, 3 City Hall Rec. 134; Jacobowsky v. People, 6 Hun, 524, 525; 64 N.Y. 659; Barnesciotta v. People, 10 Hun, 137; People v. Carey, 4 Park. 238; People v. Baldwin, 1 Wheeler's Crim. Cases, 279-286; People v. Rowland, Id . 286, 287, 288; People v. Clarke, Id . 288-292; 3 Inst. 205; Hawkins, chap. 75, § 7.) The court erred in charging that 'if prostitutes came to this saloon for the purpose of prostitution and there consummated their intent to the knowledge and with the consent of the defendant, you will find him guilty.'(Harwood v. The People, 26 N.Y. 191.)

H. A. Howard, district attorney, for defendant in error. An indictment for keeping a disorderly house is not vitiated by charging, in the same count, that it is kept as a bawdy house, a tippling house and a dancing house. Evidence of any one of these circumstances will sustain the count. (2 Colby's Crim. Law, 143; People v. Carey, 4 Park. Cr. 238.) The conducting of a house in such a way as to tend to the corruption of public morals, makes it a disorderly house. ( People v. Baldwin, 1 Wheeler's Crim. Cas. 285; People v...

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21 practice notes
  • 123 S.W.2d 90 (Mo. 1938), 36220, State v. Hesselmeyer
    • United States
    • Missouri Supreme Court of Missouri
    • December 20, 1938
    ...resort. 18 C. J. 1241; State v. Seba, 200 S.W. 300; Commonwealth v. Lambert, 12 Allen, 179; McCain v. State, 57 Ga. 390; King v. People, 83 N.Y. 587. (5) Court properly admitted evidence of the general reputation of inmates and frequenters without restriction as to the traits of character i......
  • 315 A.2d 569 (D.C. 1974), 6172, Harris v. United States
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • February 11, 1974
    ...96 Ala. 1, 11 So. 128 (1892); Thatcher v. State, 48 Ark. 60, 2 S.W. 343 (1886); Cheek v. Commonwealth, 79 Ky. 359 (1881); King v. People, 83 N.Y. 587 (1881); Lord v. State, 16 N.H. 325 [9] Nuisance per se is a term used in both civil and criminal law. It is defined as '. . . a structure or ......
  • 156 N.W. 747 (Iowa 1916), 30032, 30033, State v. Gardner
    • United States
    • Iowa Supreme Court of Iowa
    • March 14, 1916
    ...State v. Clark, 78 Iowa, at action of the trial court, and that State v. Clark, 78 Iowa at 493, does so in effect. While King v. People, 83 N.Y. 587, and Beard v. State, (Md.) 17 Am. St. 536, are rightly decided, they do not hold that the definition given by the trial court is incorrect. St......
  • 102 S.W. 289 (Ky.App. 1907), Ehrlick v. Commonwealth
    • United States
    • Kentucky Court of Appeals of Kentucky
    • May 21, 1907
    ...disturbance, nor that the community were not disturbed by its presence. Kneffler v. Commonwealth, 94 Ky. 359, 22 S.W. 446; King v. People, 83 N.Y. 589; Moses v. State, 58 Ind. 185; Seacord v. People, 121 Ill. 623, 13 N.E. 194. Nor was it necessary that the game should have been visible from......
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21 cases
  • 123 S.W.2d 90 (Mo. 1938), 36220, State v. Hesselmeyer
    • United States
    • Missouri Supreme Court of Missouri
    • December 20, 1938
    ...resort. 18 C. J. 1241; State v. Seba, 200 S.W. 300; Commonwealth v. Lambert, 12 Allen, 179; McCain v. State, 57 Ga. 390; King v. People, 83 N.Y. 587. (5) Court properly admitted evidence of the general reputation of inmates and frequenters without restriction as to the traits of character i......
  • 315 A.2d 569 (D.C. 1974), 6172, Harris v. United States
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • February 11, 1974
    ...96 Ala. 1, 11 So. 128 (1892); Thatcher v. State, 48 Ark. 60, 2 S.W. 343 (1886); Cheek v. Commonwealth, 79 Ky. 359 (1881); King v. People, 83 N.Y. 587 (1881); Lord v. State, 16 N.H. 325 [9] Nuisance per se is a term used in both civil and criminal law. It is defined as '. . . a structure or ......
  • 156 N.W. 747 (Iowa 1916), 30032, 30033, State v. Gardner
    • United States
    • Iowa Supreme Court of Iowa
    • March 14, 1916
    ...State v. Clark, 78 Iowa, at action of the trial court, and that State v. Clark, 78 Iowa at 493, does so in effect. While King v. People, 83 N.Y. 587, and Beard v. State, (Md.) 17 Am. St. 536, are rightly decided, they do not hold that the definition given by the trial court is incorrect. St......
  • 102 S.W. 289 (Ky.App. 1907), Ehrlick v. Commonwealth
    • United States
    • Kentucky Court of Appeals of Kentucky
    • May 21, 1907
    ...disturbance, nor that the community were not disturbed by its presence. Kneffler v. Commonwealth, 94 Ky. 359, 22 S.W. 446; King v. People, 83 N.Y. 589; Moses v. State, 58 Ind. 185; Seacord v. People, 121 Ill. 623, 13 N.E. 194. Nor was it necessary that the game should have been visible from......
  • Request a trial to view additional results