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People v. O'Melia

51 N.Y. St. Rep. 333 Court N.Y. Sup. Ct. Decision date 1893-02-15 English

Delivered by Herrick, J.

Contents

Majority

p. 333
The People, Resp’ts, v. John J. O’Melia, App’lt.
(Supreme Court, General Term, Third, Department,
Filed February 15, 1893.)

Headnote

Disorderly house — Liability of landlord.
Whether a person keeps the house himself, or leases it to another to be used as a house where people can have unlawful sexual intercourse, he is equally guilty.
Appeal from judgment of conviction of the crime of keeping a disorderly house.
Gleason & Dugan, for app’lt; James W. Eaton, dist. att’y, for resp’ts.

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

Whether he kept the house himself or leased it 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.