Majority
p. 747The People, Resp’ts, v. Jane L. Miller, App’lt. (Supreme Court, General Term, Second Department, Filed July 2, 1891.)
Headnote
Disorderly house—Sentence,On a conviction of keeping a disorderly house, where the testimony does not show actual personal knowledge of the defendant of the disorderly conduct, and she denies having such knowledge, a pecuniary fine is sufficient punishment.
Appeal from judgment of the court of general sessions of Orange county, convicting defendant of the crime of keeping a disorderly house, and sentencing her to be confined for six months at hard labor in the Albany penitentiary.
William Van Namee (W. F. O'Neill, of counsel), for app’lt; T. A. Read, for resp’ts.
—The evidence was sufficient to sustain the conviction, but as the testimony failed to show actual personal knowledge of the defendant of the disorderly conduct in her house, and as she denied such personal knowledge, we think the law will be sufficiently vindicated if the punishment is changed from imprisonment to á pecuniary fine.
The judgment is therefore modified by changing the sentence from imprisonment to a fine of twenty-five dollars.
Barnard, P. J., and Pratt, J., concur.