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An indictment under this section must allege that the for the purpose of indiscriminate intercourse with men. Nichols v. State, 127 Ind. 406.

female was enticed or taken Osborn v. State, 52 Ind. 526;

The indictment should show to what particular place or house the female was enticed or taken, but a judgment will not be arrested for this omission. Nichols v. State, 127 Ind. 406.

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The indictment should specify the character of the house to which the female was enticed or taken. Miller v. State, 121 Ind. 294.

The female must have possessed actual personal virtue, and previous acts of illicit sexual intercourse on her part may be proven in defense. Lyons v. State, 52 Ind. 426.

2080. (1994.) Keeping house of ill-fame.-89. Whoever keeps a house of ill-fame, resorted to for the purpose of prostitution or lewdness; or knowingly lets a house to be so kept; or knowingly permits a house which he has let to be so kept,-shall be fined not more than one hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not exceeding six months.

An indictment for keeping a house of ill-fame is sufficient if it follows the language of the statute. Betts v. State, 93 Ind. 375; Graeter v. State, 105 Ind. 271.

The keeping of a house of ill-fame is a continuing one, and a conviction bars a prosecution for keeping the same house prior to the return of the indictment. Freeman v. State, 119 Ind. 501.

Evidence of the reputation of the house may be proven in prosecutions for keeping houses of ill-fame. Betts v. State, 93 Ind. 375.

If it is alleged that the names of the persons resorting to a house of ill-fame are unknown, strict proof of the allegation is not required. Dutton v. State, 2 App. 448.

As to the sufficiency of an indictment for renting a house to be kept as a house of illfame, see Graeter v. State, 105 Ind. 271.

In prosecutions for renting a house to be kept as a house of ill-fame, actual knowledge on the part of the lessor need not be proven, but the fact may be proven by circumstantial evidence. Graeter v. State, 105 Ind. 271.

The reputation of the defendant for virtue and chastity can not be proven in a prosecution for renting a house to be kept as a house of ill-fame. Graeter v. State, 105 Ind. 271.

2081. (1995.) Public indecency.-90. Whoever, being over fourteen years of age, makes an indecent exposure of his person in a public place, or in any place where there are other persons to be offended or annoyed thereby; or uses or utters any obscene or licentious language or words in the presence or hearing of any female; or who frequents houses of ill-fame, except a physician to treat a patient or patients— is guilty of public indecency, and shall be fined not more than one hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not exceeding six months.

See section 2089.

As to the sufficiency of an indictment for public indecency, see Ardery v. State, 56 Ind. 328; Williams v. State, 64 Ind. 553; Lorimer v. State, 76 Ind. 495.

A public highway is prima facie a public place. State v. Waggoner, 52 Ind. 481; State . Moriarity, 74 Ind. 103.

An indictment under this section for the use of obscene language must set forth the language used, or show an excuse for not doing so. State v. Burrell, 86 Ind. 313.

Under the statute of 1852, obscene language did not constitute public indecency. McJunkins v. State, 10 Ind. 140.

As to the sufficiency of a charge for uttering obscene language in the presence of females, see State v. Coffing, 3 App. 304.

2082. (1996.) Disposing of obscene literature.-91. Whoever sells or lends or offers to sell or lend, or gives away or offers to give away, or in any manner exhibits or has in his possession, with or without intent to sell, lend, or give away, any obscene, lewd, indecent, or lascivious book, pamphlet, paper, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast, instrument, or article of indecent or immoral use, or instrument or article for procuring abortion or for self-pollution, or medicine for procuring abortion or preventing conception; or advertises the same or any of them for sale; or writes or prints any letter, circular, hand-bill, card, book, pamphlet, advertisement, or notice of any kind; or gives information orally, stating when, how, where, or by what means, or of whom, any of the obscene, lewd, indecent, or lascivious articles or things herein before mentioned, can be purchased, borrowed, presented, or otherwise obtained, or are manufactured; or manufactures, or draws and exposes, or draws, with intent to sell, or have sold, or prints any such articles or things,-shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days; but nothing in this section, or in the next two sections, shall be construed to affect teaching in regularly chartered medical colleges, the publication of standard medical books, or the practice of regular practitioners of medicine, or druggists in their legitimate business.

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2083. (1997.) Sending obscene literature.-92. Whoever deposits in any post-office in this state, or places in charge of any person to be carried or conveyed, any lewd, obscene, indecent, or lascivious book, pamphlet, drawing, lithograph, engraving, picture, daguerreotype, photograph, stereoscopic picture, model, cast, instrument or article of indecent or immoral use, or instrument or article for procuring abortion or for self-pollution, or medicine for procuring abortion or preventing conception, or any circular, hand-bill, card, advertisement, book, pamphlet, or notice of any kind; or gives oral information, stating when, where, how, or of whom such articles or things or any of them can be purchased or otherwise obtained; or knowingly receives the same or any of them, with intent to carry or convey the same; or knowingly carries or conveys the same, except in the United States mail,-shall be fined not more than five hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days.

The sending of obscene letters comes within the provisions of this section. Thomas v. State, 103 Ind. 419.

In a prosecution for sending an obscene letter it may be proven that the letter and address is in the handwriting of the accused. Thomas v. State, 103 Ind. 419.

2084. (1998.) Advertising drugs for female use.-93. Whoever

prints or publishes any advertisement of any secret drug or nostrum purporting to be for the exclusive use of females, or which cautions females against their use when in a condition of pregnancy; or in any way publishes any account or description of any drug, medicine, instrument or apparatus for preventing conception or for procuring abortion or miscarriage; or sells or gives away, or keeps for sale or gratuitous distribution, any newspaper, circular, pamphlet, or book containing such advertisement, account, or description, or any secret drug or nostrum purporting to be exclusively for the use of females, or for preventing conception or procuring abortion or miscarriage,shall be fined not more than five hundred dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days.

See section 1996.

2085. (1999.) Profanity.-94. Whoever, being over fourteen years of age, profanely curses, swears, avers, or imprecates by or in the name of God, Jesus Christ, or the Holy Ghost, is guilty of profanity, and, upon conviction thereof, shall be fined not more than three dollars nor less than one dollar for each offense.

2086. (2000.) Sabbath-breaking.-95. Whoever, being over fourteen years of age, is found on the first day of the week, commonly called Sunday, rioting, hunting, fishing, quarreling, at common labor, or engaged in his usual avocation (works of charity and necessity only excepted), shall be fined in any sum not more than ten nor less than one dollar; but nothing herein contained shall be construed to affect such as conscientiously observe the seventh day of the week as the Sabbath, travelers, families removing, keepers of toll-bridges and toll-gates, and ferrymen, acting as such.

See section 2194.

This section is constitutional The exception as to those who observe the seventh day does not render it invalid. Voglesong v. State, 9 Ind. 112; Foltz v. State, 33 Ind. 215; Johns v. State, 78 Ind. 332.

An indictment for a violation of this section should specify the particular day on which the offense was committed, and aver that such day was Sunday. Clark v. State, 34 Ind. 436; State v. Land, 42 Ind. 311; Ruge v. State, 62 Ind. 388; Gilbert v. State, 81 Ind. 565.

Fixing a day of the month which was not Sunday is immaterial if it is alleged the act was done on Sunday. Roy v. State, 91 Ind. 417.

If an indictment follows the language of the statute it is sufficient. State v. Saurbaugh, 122 Ind. 208.

The indictment must negative all the exceptions contained in the statute. Russell v. State, 50 Ind. 174.

All character of labor is prohibited by the statute which does not fall within the exceptions of the statutes, the execution of notes and bonds being classed as labor. Link v. Clemmens, 7 Blkf. 479; Reynolds v. Stevenson, 4 Ind. 619; Voglesong v. State, 9 Ind. 112; Banks v. Werts, 13 Ind. 203; Eitel v. State, 33 Ind. 201; Foltz v. State, 33 Ind. 215; McCarthy v. State, 56 Ind. 203; Mueller v. State, 76 Ind. 310; Ungericht v. State, 119 Ind. 379.

Gaming is not an act of common labor within the meaning of this section. State v. Conger, 14 Ind. 396.

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Keepers of hotels are not permitted to sell tobacco or cigars to resident customers or boarders, overruling the case of Carver v. State, 69 Ind. 61. Mueller v. State, 76 Ind. 310. Whenever necessary to prevent loss of property, or to avoid great inconvenience, to perform labor on Sunday, such labor may be performed. Morris v. State, 31 Ind. 189; Crocket v. State, 33 Ind. 416; Wilkinson v. State, 59 Ind. 416; Edgerton v. State, 67 Ind. 588; Turner v. State, 67 Ind. 595; Yonoski v. State, 79 Ind. 393.

Labor can not be performed on Sunday merely to avoid delay in getting ordinary articles to market. Pate v. Wright, 30 Ind. 476.

Necessity, as used in the statute, does not mean a physical or absolute necessity, but the moral fitness or the propriety of the act done under the circumstances of the particular case. Morris v. State, 31 Ind. 189; Mueller v. State, 76 Ind. 310.

Whether the performance of labor on Sunday is a necessity or not, is a question of fact, and not of law. Edgerton v. State, 67 Ind. 588; Mueller v. State, 76 Ind. 310; Ungericht v. State, 119 Ind. 379.

Carrying persons to and from pleasure parties on Sunday is not a work of necessity or charity. Dugan v. State, 125 Ind. 130.

The performance of duties connected with the administration of the criminal laws on Sunday is not prohibited. State v. Douglass, 69 Ind. 544.

The proof need not be confined to the day stated in the indictment, but must relate to some Sunday falling within the statute of limitations. Gilbert v. State, 81 Ind. 565.

[Acts 1885, p. 127. In force July 18, 1885.]

2087. (E. S. 313.) Base-ball on Sunday.-1. It shall be unlawful for any person or persons to engage in playing any game of base-ball where any fee is charged, or where any reward or prize, or profit, or article of value is depending upon the result of such game, on the first day of the week, commonly called Sunday, and every person so offending shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding twenty-five dollars.

[1881 S., p. 174. In force September 19, 1881.]

2088. (2001.) Houses of assignation.-96. Whoever induces, decoys, procures, or compels any female under eighteen years of age, or causes any female over eighteen years of age against her will, to have sexual intercourse with any person other than himself; or knowingly permits any other person to have sexual intercourse with any female of good repute for chastity, upon premises owned or controlled by him, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than one month.

One who takes his daughter, under eighteen years of age, to a brothel for the purpose of having sexual intercourse with men, and commands or instructs her to submit thereto, is guilty under this section. Stevens v. State, 112 Ind. 433.

2089. (2002.) Houses of ill-fame-Associating.-97. Whoever, being a male person, frequents or visits a house or houses of ill-fame, or of assignation, or associates with females known or reputed as prosti tutes, or frequents or visits a gambling house or houses, or is engaged in or about a house of prostitution, shall be fined in any sum not more than one hundred dollars nor less than ten dollars, to which may be

added imprisonment in the county jail not more than sixty days nor less than ten days.

(As amended, Acts 1889, p. 337. Ell. Supp., section 356. In force May 10, 1889.) The same count of an indictment may charge all the offenses defined by this section without being bad for duplicity. Fahnestock v. State, 102 Ind. 156; State v. Stout, 112 Ind. 245.

It is a question of fact to be determined from the evidence whether a house is one of ill-fame, assignation or prostitution or not. Fahnestock v. State, 102 Ind. 156. As to who are liable for frequenting or visiting houses of ill-fame, see Weideman v. State, 4 App. 397.

2090. (2003.) Prostitute.-98. Any female who frequents or lives. in houses of ill-fame, or associates with women of bad character for chastity, either in public or at a house which men of bad character frequent or visit; or who commits fornication for hire, shall be deemed a prostitute, and upon conviction thereof shall be fined not more than fifty dollars nor less than five dollars, to which may be added imprisonment in the county jail not more than thirty days nor less than ten days. An indictment charging a person with being a prostitute must state the facts constituting the offense. Delano v. State, 66 Ind. 348.

The same count of an indictment may charge all the offenses defined in this section without being bad for duplicity. Fahnestock v. State, 102 Ind. 156; State v. Stout, 112 Ind. 245.

A prostitute within the meaning of this section is a woman who has indiscriminate sexual intercourse with men. Fahnestock v. State, 102 Ind. 156; Nichols v. State, 127 Ind. 406.

It is not necessary that a female should live in more than one house of ill-fame in order to be liable to prosecution under this section. State v. Nichols, 83 Ind. 228.

2091. (2004.) Letting stallions in public.-99. Whoever permits any stallion or jack to run at large at any place, or who shall keep or let to mares or jennets any stallion or jack, within the limits of any city, town or village, or within two hundred yards thereof, except within an inclosure by which the view of the inhabitants of such city, town or village, or vicinity thereof, is obstructed, shall be fined three dollars for every day such offense is committed.

As to the sufficiency of an indictment under this section, see Crane v. State, 3 Ind. 193. 2092. (2005.) Sodomy.-100. Whoever commits the abominable and detestable crime against nature, by having carnal knowledge of a man or beast; or who, being a male, carnally knows any man or any woman through the anus; and whoever entices, allures, instigates or aids any person under the age of twenty-one years to commit masturbation or self-pollution, is guilty of sodomy, and upon conviction thereof shall be imprisoned in the state prison not more than fourteen years nor less than two years.

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