On Exceptions from Nisi Prius, Howard, J., presiding.

Indictment.

It was alleged “ that Mary Homer, in Portland, in the County of Cumberland, widow, on the first day of January, in the year of our Lord one thousand eight hundred and fifty-five, at Portland, in said County of Cumberland, and on divers other days and times between that day and the day of the finding of this bill, with force and arms at Portland, aforesaid, in the county aforesaid, did keep a certain house of ill fame, then and there resorted to for the purpose of prostitution and lewdness, by the consent and with the knowledge of said Mary Homer, against the peace of the State, and contrary to the form of the statute in such case made and provided.”

The respondent pleaded that her true name was Mary Y. Homer, and not Mary Homer, by which latter name she was indicted.

Issue was joined on this plea, and evidence submitted thereon.

The government offered the records of an indictment against the defendant, of the Court of Common Pleas for Cumberland County for 1834, wherein she was called Mary Homer, and to which she pleaded not guilty, and on which she was convicted and sentenced.

To this evidence the defendant objected, but it was admitted only in reference to the name.

The jury found, that defendant was as well known by the name of Mary Homer as Mary Y. Homer, and was called and known by one name as the other.

After this verdict the defendant moved in arrest of judgment, because of the insufficiency of the indictment.

1st. Because it did not allege, that any person for criminal purposes ever entered said house with the knowledge or consent of defendant.

2d. Or that defendant occupied or used said house for fornication, or that any lewd acts took place therein.

3d. Or that defendant entertained the company mentioned in the indictment.

4th. Or that defendant kept a disorderly house, or in any manner detrimental to public morality.

5th. Or that she kept it for profit or lucre, or expected any therefrom.

6th. Or in what street or neighborhood said house was situated, or that it was inhabited by any one/

7th. Or that defendant owned, leased or occupied said house, or that she furnished lodgings or entertainment for any evil disposed persons by day or night.

8th. Or that any person resorted thereto for prostitution or lewdness, with knowledge of defendant.

9th. Or that the times, places and practices constituting the offence, were set forth so that defendant might meet the specific charges alleged against her. .

10'tli. Because the verdict does not find the true Christian name of defendant.

11th. Because, after verdict on the question of misnomer, the Court overruled the motion bf defendant for a trial on the merits.

This motion' was overruled, and defendant excepted.

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