13 R.I. 661 | R.I. | 1882
We think that under Pub. Stat. R.I. cap. 80, § 1,1 it is the place or building, by whatever word described, used or resorted to in the ways there mentioned, or in some one or more of them, which is declared to be a common nuisance, and consequently that an indictment for keeping or maintaining any one place or building is not bad for duplicity, although it alleges use or resort in many or all the ways, the charge being of the maintenance of only one nuisance or the commission of only one offence in divers modes or manners. Commonwealth v.Kimball, 7 Gray, 328; State v. Plastridge,
The other exceptions relate to rulings in regard to evidence. On trial to the jury, the prosecution offered in support of the indictment *665 the testimony of two witnesses to show that the place complained of had the reputation of being a house of ill-fame. The testimony was admitted under exception. Subsequently, before resting, the prosecuting attorney asked leave to withdraw this testimony, and the court, granting the request, instructed the jury that it was out of the case, and that they were not to consider it or allow it to influence their verdict. To this action of the court the defendant excepted. Can these exceptions, or either of them, be sustained.
There is authority for the admissibility of the testimony at common law. State v. McDowell, Dudley S. Car. 346; State v.Hand, 7 Iowa, 411; State v. Brunell,
Exceptions overruled.