Commonwealth v. Berney

Citations

• 66 Pa. Super. 434
• 1917 Pa. Super. LEXIS 284

Syllabus

<p>Criminal law — Leasing house for improper purposes — Evidence —Agreement of sale — Bawdy house.</p> <p>A conviction on an indictment for leasing a house to be “conducted as a common bawdy house,” will be sustained where it appears that the defendant solicited a woman to come to the town where he lived for the purpose of opening a bawdy house; that acting as agent for his wife he executed an agreement of sale providing for payment by monthly installments; that according to the woman the agreement of sale had been entered into because the defendant would not execute a lease for fear of getting into trouble; that he knew the character of the house, visited it and sold wearing apparel to the inmates; that he had promised the woman police protection, and had tried to bribe the, local officers for such protection.</p> <p>In such a case the Commonwealth has a right to question the bona lides in the agreement of sale, although there was no allegation of fraud, accident or mistake, inasmuch as the Commonwealth was a stranger to the agreement, and not bound by it ,in any way.</p> <p>Criminal law — Charge of court — Reasonable doubt.</p> <p>On the trial of an indictment for leasing a house to be “conducted as a common bawdy house,” the charge is sufficient on the subject of reasonable doubt where the judge says “You have heard the evidence here; consider all of it and give it such weight as you think it is entitled to. If after considering all the evidence in this case, you are satisfied beyond a reasonable doubt that this defendant did lease the premises to Cad McKee for the purpose of conducting a bawdy house, and that she did conduct such a house there (and there seems to be no doubt about that, I understand that question is not contradicted by the defense) then this defendant will be guilty. If, however, you are not satisfied beyond a reasonable doubt that he did lease the premises knowing that she was to conduct it as a bawdy house, then, your verdict would be ‘Not gui