State v. Dodd

• Decision Date: 19 March 1915
• Docket Number: 12016.
• Citation: 84 Wash. 436,147 P. 9
• Parties: STATE v. DODD.
• Court: Washington Supreme Court

147 P. 9

84 Wash. 436

STATE v. DODD.

No. 12016.

Supreme Court of Washington

March 19, 1915

Department 2. Appeal from Superior Court, Spokane County; Wm. A. Huneke Judge.

M. M Dodd was convicted of the crime of placing a female in a house of prostitution, soliciting a person to go to a house of prostitution for immoral purposes, and conniving and consenting to his wife leading a life of prostitution, and he appeals. Reversed and remanded, with direction to sustain demurrer to information.

Alfred M. Craven, of Spokane, for appellant.

G. H Crandall and D. B. Heil, both of Spokane, for the State.

FULLERTON J.

The appellant was convicted and sentenced to a term in the penitentiary upon an information which, omitting the formal parts, reads as follows:

'Comes now the prosecuting attorney for Spokane county state of Washington, and charges the defendant, M. M. Dodd, with placing a female in a house of prostitution, soliciting a person to go to a house of prostitution for an immoral purpose, and being the husband conniving at and consenting to his wife leading a life of prostitution. That the said defendant, M. M. Dodd, on or about the 5th day of July, 1913, in the county of Spokane, state of Washington, then and there being, did then and there unlawfully, feloniously, and willfully place a female, his wife Katie Dodd, in the charge of another person for immoral purposes, to wit, in the charge of W. H. Scott; that said defendant on said date solicited one Norman Clyne and one Frank Cape to go to a house of prostitution for an immoral purpose, and to have sexual intercourse with said Katie Dodd, with intent that she, the said Katie Dodd, should become a prostitute and lead a life of prostitution.'

When required to plead to the information the appellant demurrer thereto, basing his demurrer on a number of the statutory grounds. The demurrer was overruled, and a trial had which resulted in a verdict against the appellant finding him 'guilty as charged in the information.' Based on the finding of the jury, the court adjudged the defendant 'guilty of the crime of placing a female in a house of prostitution, soliciting a person to go to a house of prostitution for an immoral purpose, and being the husband conniving at and consenting to his wife leading a life of prostitution as charged in said information,' following in this respect the designation of the offense sought to be charged as it appears in the information. The section of the statute on which the information is based is found in the Criminal Code of 1909 (Laws 1909, p. 944) at section 188, and reads as follows:

'Every person who----

'1. Shall take a female in the charge or custody of another person for immoral purposes, or in a house of prostitution, with intent that she shall live a life of prostitution, or who shall compel any female to reside with him or with any other person for immoral purposes, or for the purposes of prostitution, or shall compel any such female to reside in a house of prostitution or to live a life of prostitution; or

'2. Shall ask or receive any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere any female for the purpose of causing her to cohabit with any male person or persons not her husband; or

'3. Shall give, offer, or promise any compensation, gratuity or reward, to procure any female for the purpose of placing her for immoral purposes in any house of prostitution, or elsewhere, against her will; or

'4. Being the husband of any woman, or the parent, guardian or other person having legal charge of the person of a female under the age of eighteen years, shall connive at, consent to, or permit her being or remaining in any house of prostitution or leading a life of prostitution; or

'5. Shall live with or accept any earnings of a common prostitute, or entice or solicit any person to go to a house of prostitution for any immoral purpose, or to have sexual intercourse with a common prostitute;

'Shall be punished by imprisonment in the state penitentiary for not more than five years or by a fine of not more than two thousand dollars.'

Comparing the language of the information with the language of this section of the Code, it is apparent that the pleader intended to charge the appellant with having violated three separate acts prohibited thereby, contained in as many separate subdivisions. The appellant is charged, under subdivision 1 with having placed a female in the charge of another person for an immoral purpose, under subdivision 5, with having solicited persons to go to a house of prostitution for an immoral purpose, and under subdivision 4 with being a husband of a woman and conniving and consenting to her leading a life of prostitution. From the judgment entered it is made clear, also, that the court concluded that the verdict of the jury found the defendant guilty of violating these particular...