By the Court,
The count upon which the defendant was convicted is the old form of an indictment against the keeper of a disorderly house, and is given by Archbold in his Criminal Practice, as the proper- form, of indictment against the keeper of a bawdy house, with' a slight difference
The court properly declined to direct the jury to acquit the -defendant"upon the evidence. There was plenty of evidence that the house was kept as a common tippling house, and was frequented by disorderly persons, who, by their drunkenness, quarrelling and noisy dancing,, disturbed and disquieted the neighborhood. The court, in leaving this evidence to the jury,
The motion should be denied, and the criminal term advised to proceed to sentence.
Ordered accordingly.