¶1The defendant, though not the owner of the house, was in the possession and occupation of it, and therefore responsible for the manner in which it was kept. The usual evidence to prove that a house is disorderly is of such noise in the house as to make it a nuisance; but it may also be incidentally shown by proof of quarrelling and fighting, or of breaking in by persons whom it is attempted to keep out, or breaking out by those whom it is attempted to keep in. The evidence was therefore properly admitted. Exceptions overruled.
74 Mass. 487
Commonwealth v. O'Brien
Massachusetts Supreme Judicial Court
Decided September 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-09-15
Indictment for keeping a disorderly house. At the trial in the court of common pleas in Hampden, the district attorney called a witness, who testified that he let the house to the defendant; and, in order to show the disorderly conduct of those who resorted to the house, asked the witness, whether there had been any injury done to the house during the time for which it had been occupied by the defendant, (and which was covered by the indictment,) and whether his attention…
Decided 1857-09-15