State v. Russell

• Decision Date: 03 October 1895
• Parties: STATE v. RUSSELL.
• Court: Iowa Supreme Court

95 Iowa 406

64 N.W. 281

STATE

v.RUSSELL.

Supreme Court of Iowa.

Oct. 3, 1895.

Appeal from district court, Washington county; A. R. Dewey, Judge.

Defendant was convicted of the crime of using and occupying a place for the purpose of prostitution and lewdness, and she appeals. Affirmed.H. M. Eicher and C. J. Wilson, for appellant.

Milton Remley, Atty. Gen., for the State.

DEEMER, J.

This case is submitted upon a transcript of the record, with a typewritten argument on the part of the appellant, and a printed one by the attorney general. The charging part of the indictment is as follows: “The said Maggie Russell, on or about the 25th day of August, 1894, in the county aforesaid, did unlawfully and feloniously resort to, use, occupy, and inhabit a certain place, commonly called a dwelling house, for the purpose of prostitution and lewdness; said place being then and there in the possession of, and under the control of, the said Maggie Russell.” This indictment was drawn to cover the offense described in section 5326, McClain's Code, which reads as follows: “If any person, for the purpose of prostitution or lewdness, resorts to, uses or occupies or inhabits any house of ill fame or place kept for such purposes, or if any person be found in any hotel, boarding house, cigar store or other place leading a life of prostitution and lewdness, such person shall be punished by imprisonment in the penitentiary not more than five years.” It is contended that the indictment does not charge an offense under the statute quoted, for the reason that it does not appear therefrom that the place resorted to, used, and occupied was a house of ill fame, or place kept for such purpose. It must be conceded that the indictment is not drawn with technical nicety. But we think all the elements of the crime are so charged as that a person of common understanding would know what is intended, and that a court would be able to pronounce judgment, upon a conviction, according to the law of the case. It is true, it is not expressly charged that the place resorted to was a house of ill fame, or one kept for the purpose of prostitution or lewdness; but it does allege that defendant was in possession and control of a dwelling house which she unlawfully and feloniously resorted to, used, occupied, and inhabited for the purpose of prostitution or lewdness. If she, being in control of the house, used and occupied it for the purpose of prostitution and lewdness, this would...