33 Conn. 259 | Conn. | 1866
The defendant takes exception to the charge
to the jury. The information was founded upon the statute which provides “that every person who shall keep or maintain a disorderly house, a house where lewd, dissolute or drunken persons resort, or a house where drinking, carousing, dancing or fighting is permitted to the disturbance of the neighbors, shall be punished,” &c. The claim was made that the jury should be instructed that in order to convict the defendant it was necessary for the state to prove that the reputation of the house was that of a disorderly house; but the court omitted to so charge and in substance informed the jury that it was sufficient if the house was in fact a house of this description, within the meaning of the statute. It appears to us that this, instruction was correct. Nothing is said in the statute abou? the reputation of houses the keepers of which are liable to prosecution under it, and unless by the phrase “ disorderly house ” is necessarily meant a house which is reputed to be such, it clearly is not within its letter or spirit. But the statute uses the phrase as synonymous with a house where lewd, dissolute or drunken persons resort. And this is very nearly the common law definition of a disorderly house, which is a house the inmates of which behave so badly as to
We find no error in the charge complained of, and do not advise a new trial.
In this opinion the other judges concurred.