{
  "id": 1568091,
  "name": "Gamewell v. State",
  "name_abbreviation": "Gamewell v. State",
  "decision_date": "1918-12-16",
  "docket_number": "",
  "first_page": "74",
  "last_page": "75",
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      "cite": "137 Ark. 74"
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name": "Ark."
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      "cite": "38 Ark. 637",
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    {
      "cite": "30 N. J. L. 102",
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      "cite": "40 Ark. 60",
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          "page": "207"
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      "cite": "127 Ark. 268",
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      "cite": "38 Ark. 637",
      "category": "reporters:state",
      "reporter": "Ark.",
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  "last_updated": "2023-07-14T15:41:36.610388+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gamewell v. State."
    ],
    "opinions": [
      {
        "text": "McCULLOCH, C. J.\nThe defendant, John Game-well, was convicted in the lower court of the offense of keeping a bawdy house in the town of Miller, Cleburne County, Arkansas, and the only contention on his behalf now is that the evidence is not sufficient to sustain the verdict.\nThere is no statute in this State covering the offense of keeping a bawdy house or defining it, and we must resort to the common law to determine what elements constitute the offense. State v. Porter, 38 Ark. 637; Fisher v. City of Paragould, 127 Ark. 268.\nThe defendant was operating a mercantile establishment in the town of Miller for the sale of groceries and dry goods, and lived in a room adjoining the store. There was a certain lewd woman in the neighborhood who frequented his place, and the testimony tends to show that she was there for immoral purposes. The woman did not stay there regularly, but was seen at the place frequently, and, according to the testimony, the defendant solicited other jnen to have intercourse with her at that place, and he had intercourse with her there. Men were seen to go there and take her away from the place, and at other times the windows and doors were closed when she went into the place.\nThis testimony was sufficient to bring the case within the definition of the offense set forth in the decisions cited above. The fact that immoralities were confined to the illicit association with this one woman does not take the situation out of the scope of the definition of a bawdy house, nor is the defendant, who kept the house, any less amenable to the law than the woman who was the inmate thereof for immoral purposes. Fisher v. City of Paragould, supra.\nThe judgment of conviction is, therefore, affirmed.",
        "type": "majority",
        "author": "McCULLOCH, C. J."
      }
    ],
    "attorneys": [
      "Brundidge & Neelly, for appellant.",
      "John D. Arbuckle, Attorney General, and T. W. Campbell, Assistant, for appellee."
    ],
    "corrections": "",
    "head_matter": "Gamewell v. State.\nOpinion delivered December 16, 1918.\n1. Disorderly house \u2014 keeping bawdy house \u2014 elements.\u2014There being no statute covering or defining the offense of keeping a bawdy house, resort must be had to the common law to determine its elements.\n2. Same \u2014 sufficiency of evidence. \u2014 Evidence held sufficient to show the keeping of a bawdy house.\n3. Same \u2014 bawdy house \u2014 single inmate. \u2014 The offense of keeping a bawdy house may be committed, though but one woman was an inmate for immoral purposes.\nAppeal from Cleburne Circuit Court; Jno. I. Worthington, Judge;\naffirmed.\nBrundidge & Neelly, for appellant.\nThe evidence does not sustain the conviction. We have no statute covering the offense and the proof shows no crime under the common law. 40 Ark. 60; 94 Id. 207; 30 N. J. L. 102-110; 16 Tex. App. 82-3; 96 Ala. 44; 11 So. 128.\nJohn D. Arbuckle, Attorney General, and T. W. Campbell, Assistant, for appellee.\nThe indictment charges a common law offense. Kirby\u2019s Digest \u00a7 \u00a7 623-4 ; 38 Ark. 637; 9 R. C. L. 218, \u00a7 2. The evidence shows a violation of law. Supra."
  },
  "file_name": "0074-01",
  "first_page_order": 98,
  "last_page_order": 99
}