State v. Bentz
| Decision Date | 31 October 1847 |
| Citation | 11 Mo. 27 |
| Parties | THE STATE v. JOHN AND CATHARINE BENTZ. |
| Court | Missouri Supreme Court |
STRINGFELLOW, Attorney-General, for State. No pretense of objection can be had to the mere form of this indictment. 2 Chitty's Cr. L. 39. Two persons may be jointly indicted for a misdemeanor, and the wife may be indicted as well as the husband for this offense. 2 Chitty's Cr. L. 39, and notes; 9 Mo. R. State v. Harrison and others.
HOLMES, on the same side. That where several keep a common bawdyhouse, they may be jointly or severally indicted. 1 Chitty's Cr. L. 268; Thatcher's Cr. Ca. 19; Rev. Stat. p. 869, § 14; Arch. Cr. Pl. 54.
This was an indictment against John Bentz and Catharine Bentz for keeping a bawdy-house. The indictment was quashed, on motion of the defendants, because they were jointly indicted. It was held, in Queen v. Williams, 1 Salk. 384, that a wife, as well as her husband, could be indicted for keeping a bawdy-house--because the wife, as well as the husband, might have a share in the management or government of a disorderly house. They may be indicted jointly. 2 Chitty's Cr. L. 39; State v. Harrison et al., 9 Mo. R.(a) Judgment reversed.
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