143 Ky. 212 | Ky. Ct. App. | 1911
Opinion of the Court by
Affirming.
Appellant was indicted by the grand.jury of Jefferson county for the offense of keeping a disorderly house in the city of Louisville, Ky. It was shown on the trial by five or six witnesses that during the twelve months preceding the date of the indictment, they purchased whiskey and beer in the hack room of the house kept by appellant as a grocery store; that they made the pnr-
It was agreed that appellant had no licenses to sell whiskey or beer during that time. A jury convicted'him and assessed his fine at $300. The ground presented for a reversal of the judgment is that the Commonwealth failed to prove its case, as there was no proof of disorder, such as fights, boisterous conduct and loud noises. In the case of Kneiffler, et al. v. Commonwealth, 94 Ky., 359, the court said:
“An actual disturbance of the public peace is not indispensable to constitute the offense of keeping a disorderly house. But it is enough that acts be there done contrary to law and subversive of public morals, health or safety.”
In the case of Cheek v. Commonwealth, 97 Ky., 359, the only question presented was, as stated by the court:
The sole inquiry is, whether the simple act of selling pools in a house under the control of the person selling is punishable under an indictment for ‘keeping a disorderly‘house.’ ”
The court determined this inquiry in the affirmative, and in discussing the matter, said:
“A disorderly house, in its restricted sense, is a house in which people abide, or to which they resort, disturbing the repose of the neighborhood; but in its more enlarged sense it includes bawdy houses, common gaming houses, and places of like character, to which people promiscuously resort for purposes injurious to the public morals, or health, or convenience or safety.*214 Nor is it essential that there be any disorder or disturbance in the sense that it disturbs the public peace or the quiet of the neighborhood. It is enough that the acts there done are contrary to law and subversive of public morals. ’ ’
The sale of whiskey and beer without license is a violation of the law, and a sale thereof on Sunday is a violation of the law under any condition; therefore, as the testimony shows that appellant frequently sold whiskey and beer on Sunday and week days, and that he had no license to sell same at any time, within the twelve months preceding the finding of the indictment, the judgment is affirmed.