State v. Hanes

Citations

• 84 Wash. 601
• 147 P. 193
• 1915 Wash. LEXIS 1239

Syllabus

<p>Prostitution — Defenses — Statute. Under Rem. & Bal. Code, § 2440, providing that every person who shall place a female in a house of prostitution, with intent that she shall live the life of a prostitute, shall he punished, etc., it is no defense that the female was a prostitute.</p> <p>Same — Knowledge of Defendant — Evidence — Sufficiency. A conviction for placing a female in a house of prostitution with intent that she live the life of a prostitute is sustained by proof that defendant was keeper of a livery stable where he had rooms and consorted with the woman, that she plied her trade at will, and there was evidence warranting the jury in finding that he knew she was practicing prostitution for money and gave him part of her earnings, although he denied such knowledge.</p> <p>Prostitution- — -“Place”—Statute — Construction. Under Rem. & Bal. Code, § 2440, making it a felony to “place” a female in a house of prostitution with intent that she shall live the life of a prostitute, it is proper to refuse an instruction that the word “place” implies a moral or physical restraint or force; the term meaning merely the furnishing of a place or opportunity.</p> <p>Criminal Law — Trial—Failure to Instruct. Rem. & Bal. Code, § 2148, making it the duty of the court to instruct that no inference of guilt shall arise against the accused if he fail or refuse to testify as a witness in his own behalf, is mandatory, and failure to do so is reversible error.</p>