Commonwealth v. Sarves

Superior Court of Pennsylvania
Commonwealth v. Sarves, 17 Pa. Super. 407 (1901)
1901 Pa. Super. LEXIS 327
Beaver, Orlady, Porter, Rice

Commonwealth v. Sarves

Opinion of the Court

Opinion by

Orlady, J.,

The defendant was convicted, under the 43d section of the penal code of 1860, of keeping and maintaining a common bawdy house or place for the practice of fornication. In this case, as presented by the record, there are no specially new questions differing from those decided by this court in Commonwealth v. Murr, 7 Pa. Superior Ct. 391. While the printed record indicates that in the contest before the jury excessive earnestness on the part of contending counsel was displayed, and expressions of very doubtful professional propriety were used, yet it is not clear that the manner of trial injuriously affected the defendant. Such forensic displays rarely affect the deliberate judgment of a jury, and in this case they were conducted under the supervision of the trial judge who fully guarded the rights of the defendant in a temperate and impartial charge.

The decree of proof required to determine the character and reputation of the house and its occupants was fully explained to the jury. The purpose of strangers visiting the place, the time of such visits, their conduct while there, its neighborhood fame, and the credibility of the witnesses were facts for the jury, and as such were submitted. The answers to the defendant’s points were substantially affirmed except the fifth and sixth which were rightly referred to the jury.

The assignments of error are overruled, the judgment is affirmed and it is ordered that the record be remitted to the court below so that the sentence be carried into effect.

Reference

Cited By
9 cases
Status
Published
Syllabus
Criminal law — Remarks by district attorney — Review. Heated language of doubtful professional propriety by the district attorney in a criminal case is not a ground for reversing the judgment against the prisoner, where it is not clear that the manner of trial injuriously affected the defendant, and the trial judge fully guarded the rights of the prisoner in a temperate and impartial charge. Criminal law — Keeping bawdy house — Evidence. On the trial of an indictment for keeping a bawdy house evidence is admissible as to the number of strangers who visited the place, their purpose in going, their time of going, what they did there and the reputation of the place in the neighborhood.