State v. Davis

• Decision Date: 16 January 1946
• Docket Number: 6611
• Citation: 192 S.W.2d 39
• Parties: STATE v. DAVIS
• Court: Missouri Court of Appeals

192 S.W.2d 39

STATE v. DAVIS

No. 6611

Court of Appeals of Missouri, Springfield

January 16, 1946

Byron Kearbey and Lawrence E. Tedrick, both of Poplar Bluff, for appellant.

David W. Hill, Pros. Atty., of Poplar Bluff, for respondent.

OPINION

FULBRIGHT, J.

Defendant, Mattie Davis, was convicted upon an information filed January 18, 1945, charging her with unlawfully keeping and maintaining a bawdy house in the City of Poplar Bluff Butler County, Missouri, from the 17th day of January, 1944 to the 17th day of January, 1945, and fined the sum of $ 200. Defendant duly appealed after her motion for a new trial was overruled.

Defendant a widow woman 50 years of age, owns a residence at 125 South D Street in Poplar Bluff and sells soda and operates a nickel victrola there. The undisputed evidence shows that between the 17th day of January, 1944 and the 17th day of January, 1945, the building or place of business was patronized or visited almost exclusively by lewd men and women; that the police officers of the City of Poplar Bluff and the sheriff of Butler County went there frequently at various hours during the day and night and always found two or more women present who bore reputations as being prostitutes; that there were always men present of lewd character; that prostitutes and lewd men habitually resorted to and congregated at the place. During the above period of time the City Health Commissioner picked up girls in this place on three different occasions who were of bad character and took them to the clinic for blood tests. Hazel Tipton, an inmate and a known prostitute, was found in bed one night with a man whose name witness could not recall but who bears a different name to that of Tipton, and who was known to be a lewd man of bad reputation. The sheriff of Butler County testified that during the period heretofore mentioned he had frequently visited the house and had had occasion to arrest people there, perhaps five, ten or maybe fifteen times. He could not tell how many times he had been there but stated that it was 'several times'; that he saw many people there, among whom were Edna Cox, Margaret Qualls, Hazel Tipton, Helen Springels, Lizzie 'somebody', but that he did not remember the names of all he saw there. The sheriff also named a number of men that he saw there, all of whom bore bad reputations.

On cross-examination he was asked:

'Q. Do you know the reputation of the women that you mentioned here in the community in which they reside, their reputation for morality and their reputation for prostitutes? A. Yes, I do.

'Q. What is their reputations? A. Bad.'

On re-direct examination witness was asked the following question: 'Q. That applies to all that you mentioned and others that you don't remember their names, is that right? A. That is right.'

The testimony of two other police officers corroborated in many respects that of the sheriff and all witnesses who testified stated that the women and men whom they saw and knew at defendant's home were prostitutes and men of bad reputation and character. It was shown that the house contained at least two bedrooms and there was also a davenport in one of the rooms.

Defendant was the only witness who testified in her own behalf. She was asked the following questions:

'Q. Mrs. Davis, between the 17th day of January, 1944, and the 17th day of January, 1945, did you permit or suffer to permit anybody to resort to rooms there in your house for the purpose of prostitution? A. No, sir, never was. Never been took out of my house any place.

'Q. What kind of business do you do? A. Sell soda and nickel victrola. I have city licenses and county licenses.

'Q. And they are there now on the wall? A. Yes, you can go over there and see them. I have been selling soda and running a nickel machine since Jessie died.'

On cross-examination the following questions and answers appeared:

'Q. And those people congregated there at your place? A. There is no reason for it except to get a drink. If anything gets out of the way I call the law there.

'Q. When it gets too rough you call the law yourself? A. Yes, if they get too rough I will. * * *

'Q. And you say there were no arrests made at your house at all? A. They took Margaret down there one time. Mr. Harris did. I said not to take her but she kept getting smart with them.

'Q. And you say they didn't catch her in bed with anybody? A. No, she was laying on the bed drunk.

'Q. Laying on the bed drunk? A. She didn't get drunk there. She wasn't even staying with me then.

'Q. You have not been convicted yourself? A. I guess I was convicted of selling whiskey. They never convicted me of anything else. * * *'

The only complaint seriously urged is that 'The Court erred in overruling defendant's demurrers to the evidence, offered at the close of the State's case and at the close of the entire case.'

It has long been held that from the very nature of the offense evidence to establish the character of a bawdy house must in most cases be inferential. Proof of specific acts of illicit intercourse is not essential to sustain a conviction. But evidence that inmates were prostitutes or that the house was regularly resorted to by prostitutes and men of lewd character strongly conduces to show that it was a bawdy house; and where those facts have been established, slight additional evidence, direct or circumstantial, would be required to sustain a conviction. State v. Dudley, 56 Mo.App. 450; State v. Horn, 83 Mo.App. 47, loc. cit. 50; State v. Price, 115 Mo.App. 656, loc. cit. 660, 92 S.W. 174; State v. Barnard, 64 Mo. 260; State v. Hoelcher, 163 Mo.App. 352, loc. cit. 354, 143 S.W. 850; State v. Hesselmeyer, 343 Mo. 797, 123 S.W.2d 90, loc. cit. 95, 96.

The proof in the instant case shows that the inmates and women who habitually resorted to defendant's house were of bad reputation. It is admitted that defendant, Mattie Davis, was the owner and manager of the place and the business operated therein. It is undisputed that prostitutes were inmates of the place and...