Opinion
(December Term, 1846.)
The defendant was indicted and convicted upon the following indictment, to wit:
"STATE OF NORTH CAROLINA, } Superior Court of Law. GREENE COUNTY. } Fall Term, 1846.
The jurors for the State, upon their oath, present that John Patterson, late of the county of Greene, on 1 August, 1845, and on divers other days and times between that day and the day of the taking of this inquisition, with force and arms, at and in the county aforesaid, did keep and maintain a certain common ill-governed and disorderly house, and in his said house, for his own lucre and gain, certain persons, as well free as slaves, to frequent and come together, then and on the said other days and times, there unlawfully and willfully did cause and procure, and the said persons in his said house at unlawful times, as well in the night as in the day, then and on the said other days and times there to be and remain, drinking, tippling and misbehaving themselves unlawfully, and willfully did permit and both permit to the great damage and common nuisance of all the citizens of the State there inhabiting, residing and passing, to the evil example of all others in like case appending, and against the peace and dignity of the State." Upon motion in arrest of judgment, Held, that this indictment did charge a criminal offense, and that it was not necessary to set further the particulars, as the names of the parties, etc., though these particulars might be given in evidence on the trial.
APPEAL from GREENE Fall Term, 1846; Manly, J.
Indictment, as above set forth, and the defendant, being convicted, (71) moved in arrest of judgment that the indictment contained no criminal charge. The judge refused the motion, and defendant appealed.
Attorney-General for the State.
No counsel for defendant.
We think that the judge was right in overruling the motion in arrest of judgment. The indictment is (with the omission of the words "cursing, swearing, quarreling") a copy from the precedent to be found in 2 Chitty Cr. Law, 40. The defendant is charged with keeping a common ill-governed and disorderly house, and, for lucre, causing persons, both free and slaves, to frequent it, and there to be and remain, drinking, tippling, and misbehaving themselves, etc., to the common nuisance of all the citizens of the State there inhabiting, passing, etc. The State might, we think, be permitted to give evidence of particular acts of misbehavior of the inmates of the house, under the above general charges, as that they gambled, quarreled, fought, got drunk, made great noises, cursing and swearing, to the annoyance of the people in the neighborhood. As in an indictment for keeping a bawdy-house, so in this, it is not necessary to state particulars, as the names of those who frequent the house; but evidences of particular instances of illicit intercourse may be given under the general charge. 2 Chitty Cr. Law, 39, 40 (note). We are of opinion that the indictment does charge a criminal offense. The judgment, therefore, is
PER CURIAM. Affirmed.
Cited: S. v. Calley, 104 N.C. 860.
(72)