152 Mo. App. 144 | Mo. Ct. App. | 1910
On January 23:, 1909, an indictment was returned by the grand jury of Butler county, charging that defendant, Annie L. Newman, “at the county of Butler,. State of Missouri, on or about the 21st day of January, 1909', did'then and there unlawfully set up and keep a common house of assignation, against the peace and dignity of the state.”
Defendant filed a motion to quash the indictment, specifying the following reasons: (1) Because said indictment does not state facts sufficient to charge the defendant with any offense under the laws of the State of Missouri. (2) Because said indictment is too vague, indefinite and uncertain for defendant to prepare her defense against the same. (3) Because there is no such statement of facts in said indictmeiit as would render a judgment in this action a bar to another. (4) Because the location of the house of “common assignation,” alleged to have been set up and run by the defendant is not set out and described with sufficient particularity.
This motion was sustained. After taking the proper steps, the state was allowed an appeal to this court.
The statute under’which this prosecution was commenced (sec. 2197, R. S. 1899) provides that “every person who shall set up or keep a common . . . bawdy house or brothel or house of assignation, shall, on conviction,” etc. In the case of State v. Bregard, 76 Mo. 322, the indictment charged that the defendant on, etc., at, etc., “did unlawfully set up and keep, a -common bawdy house.” It was held that as the indictment followed the language of the statute it was .sufficient. The substitution of the word “and” for the word “or” was immaterial, said the court, referring to the case of State v. Pittman, 76 Mo. 56, in which it is held that where a criminal statute used disjunctive language in defining an offense, an indictment under it may be drawn in the conjunctive. And, as we held in the ease of State v. Seiberling, 143 Mo. App. l. c. 321, 127 S. W. 106, the same nicety is not required in drawing indictments in cases of minor offenses as is required in charging common law felonies. Prom