State v. Flick
| Decision Date | 03 December 1917 |
| Docket Number | No. 12413.,12413. |
| Citation | 198 S.W. 1134 |
| Parties | STATE v. FLICK. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Cole County; H. B. Shain, Special Judge.
"Not to be officially published."
Nettie Flick was convicted of an offense, and she appeals. Affirmed.
Fenton E. Luckett, of Jefferson City, for appellant. N. G. Sevier, of Jefferson City, for the State.
Defendant was convicted for keeping a bawdyhouse in Jefferson City, Cole county.
It was charged in the indictment that defendant "did unlawfully keep and maintain a bawdyhouse," etc.; but for the reason that it was not charged that she "willfully and intentionally" kept it we are asked to rule that it is bad. We think we ought not to so rule. The offense charged is not one of that class wherein it is necessary to allege an intention No such qualification is mentioned in the statute. Section 4754, R. S. 1909.
It is urged that, as defendant did not offer herself as a witness, the trial court erred in allowing the state to prove her general reputation as a bawdyhouse keeper. The record shows she occupied and maintained the house, and the matter in dispute, under the indictment, was whether it was a bawdyhouse. The evidence referred to was directed to proving that it was and one way to make that proof is by the reputation of the keeper of the house, as well as other inmates. State v. Mosby, 53 Mo. App. 571, 577, 578; State v. Price, 115 Mo. App. 656, 92 S. W. 174; State v. Horn, 83 Mo. App. 47; State v. Dudley, 56 Mo. App. 450.
Defendant's next objection relates to the conduct of the state's attorney in argument, in that he referred to the fact that defendant had not offered herself as a witness. This was a serious error committed directly in face of the statute (section 5243, R. S. 1909), but it met with immediate rebuke by the court, and in view of the entire record we are satisfied no substantial harm resulted to defendant. State v. Taylor, 134 Mo. 109, 157, 35 S. W. 92.
The evidence abundantly sustains the verdict, including matter of time, and proof of venue was properly made.
The instructions were proper and a bawdyhouse properly defined. For the defense the usual cautionary instructions were given. Instruction No. 4 had reference to the single act of illicit intercourse proven, and informed the jury that such single act alone was not sufficient to convict, but that before conviction could be had there must be a belief from all the evidence that defendant...
To continue reading
Request your trial
-
The State ex rel. Orr v. Kearns
...and of the inmates and frequenters of the house has always been held admissible. [Clementine v. State, 14 Mo. 112; 14 Cyc. 505; State v. Flick, 198 S.W. 1134.] The fact that defendant testified, and the character of her testimony, has been sufficiently referred to. The nature of the proceed......
-
State v. Hesselmeyer
...did not err in admitting evidence as to the reputation of defendants as bawdyhouse operators. State v. Mosby, 53 Mo.App. 571; State v. Flick, 198 S.W. 1134; State Price, 92 S.W. 174, 115 Mo.App. 656; State v. Pierson, 85 S.W.2d 56, 337 Mo. 475; State v. Cain, 37 S.W.2d 418; State v. Rodgers......
-
State v. Kearns
...of the inmates and frequenters of the house has always been held admissible. Clementine v. State, 14 Mo. 112; 14 aye. 505; State v. Flick (Mo. App.) 198 S. W. 1134. The fact that the defendant testified, and the character of her testimony, has been sufficiently referred to. The nature of th......
-
The State v. Pinson
... ... 34; State v. McCarver, 194 Mo ... 740. Should the remark made be considered a comment on the ... failure of the defendant to testify, then in view of the ... entire record no substantial harm resulted to the defendant ... and this comment should be overlooked by the court. State ... v. Flick, 198 S.W. 1134; State v. Taylor, 134 Mo. 157 ... ... [291 ... Mo. 331] HIGBEE, P. J ... The ... appellant was charged on the information of the circuit ... attorney with the crime of bigamy, in this, that on February ... 12, 1920, at ... ...