Donaldson v. State, 28917

• Decision Date: 08 December 1952
• Docket Number: No. 28917,28917
• Citation: Donaldson v. State, 108 N.E.2d 888, 231 Ind. 434 (Ind. 1952)
• Parties: DONALDSON v. STATE.
• Court: Indiana Supreme Court

Page 888

108 N.E.2d 888

231 Ind. 434

DONALDSON v.STATE.

No. 28917.

Supreme Court of Indiana.

Dec. 8, 1952.

Milo C. Murray(of Murray & Schell), Gary, for appellant.

J. Emmett McManamon, Atty. Gen., William T. McClain, John Ready O'Connor, Deputy Attys.Gen., for appellee.

JASPER, Judge.

Appellant was charged, under § 10-4217, Burns' 1942 Replacement, with keeping a house of ill fame.The affidavit was in the language of the statute.

Appellant entered a plea of not guilty and waived trial by jury.She was found guilty by the trial court and judgment was entered accordingly.

Appellant assigns as error the overruling of her motion for new trial.The motion for new trial assets that the finding of the court is contrary to law and is not sustained by sufficient evidence.

Appellant contends that there is no evidence establishing the fact that she was in control of the house in which acts of prostitution took place.Many facts proved in this case are such as may not be recited with propriety.However, the evidence does reveal that appellant talked to the prosecuting witnesses, urging them to become prostitutes; that they then did commit acts of prostitution in the house owned by appellant and in which she resided; that appellant called the girls down-stairs to have the men see them, and received money for the acts of prostitution committed by the prosecuting witnesses.There is conflicting evidence.This court cannot weigh such evidence, but must consider only the evidence most favorable to appellee, with all reasonable and logical inferences therefrom.Gilmore v. State, 1951, 229 Ind. 359, 98 N.E.2d 677.If there is substantial evidence of probative value upon each material element of the cirme charged, then the judgment of the trial...