State v. Burns

Decision Date08 February 1910
Citation145 Iowa 588,124 N.W. 600
PartiesSTATE v. BURNS.
CourtIowa Supreme Court

OPINION TEXT STARTS HERE

Appeal from District Court, Wapello County; D. M. Anderson, Judge.

Defendant was indicted, tried, and convicted of the crime of prostitution, and appeals to this court. Affirmed.Jaques & Jaques, for appellant.

H. W. Byers, Atty. Gen., and Charles W. Lyon, Asst. Atty. Gen., for the State.

DEEMER, C. J.

Defendant was accused of prostitution for that on the 12th day of March, 1909, and at various other days and times during the year just preceding the finding of the indictment, she “did unlawfully, willfully, and feloniously, for the purpose of prostitution and lewdness, resort to, occupy, and inhabit a house of ill fame kept for such purpose, and did then and therein willfully and feloniously lead a life of prostitution and lewdness, contrary to and in violation of law.” This charge is virtually in the language of the statute. Code, § 4943. There was ample testimony to support the verdict; and, unless some error was committed by the trial court, the judgment should stand.

Complaint is made of some of the instructions; but, as no exception was taken to the charge when given, these complaints cannot be considered, unless proper exceptions were filed to the instructions, as provided in section 3709 of the Code. In State v. Williams, 115 Iowa, 97, 88 N. W. 194, it is said: “It is true the giving of this instruction together with 15 others, was made one of the grounds of a motion for a new trial, but this was too general in its terms, for none of the claimed defects in any of the instructions were pointed out therein.” And in State v. Kirkpatrick, 105 N. W. 121, the rule is thus stated: “No exception was taken to the instructions given. A general complaint as to the correctness of the instructions, made in a motionfor a new trial, is not sufficient as the basis of an argument in this court as to their correctness.”

2. Over defendant's objections the state was permitted to prove the character and reputation of the house where the defendant stayed. The indictment charged that she (defendant) did resort to, occupy, and inhabit a house of ill fame, etc. In order to establish the character of the house the testimony offered by the state was clearly admissible. State v. Main, 31 Conn. 572;Betts v. State, 93 Ind. 375;Com. v. Kimbell, 7 Gray (Mass.) 328;O'Brien v. People, 28 Mich. 213, and cases cited in 4 Ency. of Evidence, pp. 726, 727. There seems to be a conflict in the authorities, however, regarding the admissibility of testimony showing the character and reputation of the house as distinguished from the character and reputation of its inmates in the absence of a statute permitting such evidence. See State v. Lyon, 39 Iowa, 379. Our statutes (Code, § 4944) now permits the introduction of testimony as to the general reputation of the house....

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10 cases
  • State v. Gardner
    • United States
    • Iowa Supreme Court
    • March 14, 1916
    ...125 Iowa, 422, 423, 101 N. W. 109, presented by appellant, and Commonwealth v. Goodall, 165 Mass. 588, 43 N. E. 520, and State v. Burns, 145 Iowa, 588, 124 N. W. 600, cited by appellee, have very remote, if any, bearing, and whatever is said in the last as to resorting is said as to a woman......
  • State v. Gardner
    • United States
    • Iowa Supreme Court
    • March 14, 1916
    ... ... this appeal; and State v. Myers , 10 Iowa 448, ... State v. Smith , 46 Iowa 670, and State v ... Shaw , 125 Iowa 422, 423, 101 N.W. 109, presented by ... appellant, and Commonwealth v. Goodall , (Mass.) 165 ... Mass. 588, 43 N.E. 520, and State v. Burns , 145 Iowa ... 588, 124 N.W. 600, cited by appellee, have very remote, if ... any, bearing; and whatever is said in the last as to ... resorting is said as to a woman defendant. The substance of ... the decision is as to the admissibility of evidence on ... reputation. State v. Toombs , 79 ... ...
  • State v. Lewis
    • United States
    • Iowa Supreme Court
    • January 17, 1939
    ... ... house of ill fame is admissible as bearing upon the character ... of the house. State v. Lyon, 39 Iowa 379; State ... v. Lee, 80 Iowa 75, 45 N.W. 545, 20 Am.St.Rep. 401; ... State v. Beebe, 115 Iowa 128, 88 N.W. 358; State ... v. Burns, 145 Iowa 588, 124 N.W. 600; State v ... Gilliland, 187 Iowa 794, 174 N.W. 496.This established ... rule is mentioned at this point in connection with the ... discussion of State v. Hand, 7 Iowa 411, 71 Am.Dec ... 453, which was cited by the Rhode Island Court in the Hull ... Case supra in ... ...
  • State v. Lewis, 44065.
    • United States
    • Iowa Supreme Court
    • January 17, 1939
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