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People v. O'Melia

10 N.Y. Crim. 350 Court Supreme Court-General Term-Third Department. Decision date 1893-02-15 English

Delivered by HERRICK, J.

Contents

Majority

p. 350
Supreme Court-General Term-Third Department.
February 15, 1893.
PEOPLE v. JOHN V. O’MELIA.
( 51 St. Rep. 333 .)

Headnote

Disorderly house.
A person, who leases a house to be used as a house where people can have unlawful sexual intercourse, is guilty of keeping a disorderly house.
p. 351
Appeal from judgment of conviction of the crime of keeping a disorderly house.
Gleason & Dugan, for appellant.
James W. Eaton, district attorney, for respondents.

This is almost entirely a question of fact. The recorder had the witnesses before him, and could iudge of their truthfulness.

Whether he kept the house himself or leased to another to be used as a house where people could have unlawful sexual intercourse, he was equally guilty. People v. Erwin, 4 Denio, 129 .

The judgment should be affirmed.

MAYHAM, P. J., and PUTNAM, J., concur.