United States v. Jemima Stevens.
Upon a count for keeping a disorderly house, charging that the defendant suffered persons of ill fame to come together, &c., evidence may be given of the general reputation of such persons. And the same evidence is admissible upon a count for keeping a bawdy house.
The indictment had two counts: 1. For keeping a bawdy-house. 2. For keeping a disorderly house.
[MAJORITY — The Court]
The Court
permitted evidence to be given of the general reputation of the persons who visited the house, in support of the averment in the second count, that the defendant suffered persons of ill fame to come together, &c.; and also of the averment in the first count, that the defendant suffered evil-disposed persons, &e., to commit fornication, &c.
The following cases and authorities were cited. 2 Russell, 682, 683; Commomuealth v. Stewart, 1 Serg. & R. 342; Archbold, 362; 2 Ld. Raym. 1197; 2 Chitty, 39, note; 2 Burr. 1293; 3 Chitty, 674; 2 Atk. 339, &c.