Smith v. State

• Decision Date: 24 November 1911
• Citation: 118 P. 1003,6 Okla.Crim. 380,1911 OK CR 315
• Parties: SMITH v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

118 P. 1003

6 Okla.Crim. 380, 1911 OK CR 315

SMITH v. STATE.

Court of Criminal Appeals of Oklahoma

November 24, 1911

Syllabus by the Court.

(a) In prosecutions for keeping a house of ill fame, it is competent to introduce evidence of the general reputation of the house in the neighborhood in which it is situated, as to its being a place where lewd and lascivious persons of both sexes congregate for the purpose of unlawful cohabitation or sexual intercourse.

(b) Evidence of the general bad character and reputation and of lewd conduct of the inmates and frequenters of a house is competent, for the purpose of showing that such house is a house of ill fame.

(a) Although the county attorney may have indulged in improper remarks in his closing address to the jury, yet, if such remarks, when objected to, are withdrawn from the consideration of the jury by the trial court, and there is no reason to believe in the light of the evidence that the defendant suffered injury thereby, such remarks will not be ground for a new trial.

(b) Where the guilt of the appellant is clearly established, and there is no reason to believe that upon a second trial an intelligent and honest jury could or would reasonably arrive at any other verdict than that of guilt, a new trial will not be granted, except for fundamental errors.

Appeal from Noble County Court; H. E. St. Clair, Judge.

A Smith was convicted of keeping a disorderly house, and appeals. Affirmed.

H. A Johnson, for appellant.

Smith C. Matson, Asst. Atty. Gen., for the State.

FURMAN P.J. (after stating the facts as above).

First. In prosecutions for keeping a house of ill fame, it is competent to introduce evidence of the general reputation of the house in the neighborhood in which it is situated, as to its being a place where lewd and lascivious persons of both sexes congregate for the purpose of unlawful cohabitation or sexual intercourse, and also to prove the general reputation of either the men or the women, for virtue, who congregate at such house. See Carroll v. State, 4 Okl. Cr. 242 111 P. 1021. "Evidence of the general bad character reputation, and conduct of the inmates and frequenters of a house is competent to show the character of the house." Ency. of Evi. vol. 4, p. 727. See, also, 14 Cyc. p. 505, and authorities there cited. The court therefore did not err in overruling the objections of counsel for appellant to the testimony offered...