(Download) "Eliason v. State Roads Commission" by Court Of Appeals Of Maryland # eBook PDF Kindle ePub Free
eBook details
- Title: Eliason v. State Roads Commission
- Author : Court Of Appeals Of Maryland
- Release Date : January 04, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellant was convicted at a court trial of the crime of keeping a disorderly house, the criminal information under which he was charged specifying that on November 12, 1968 he "unlawfully did keep a disorderly house on the premises known as Room 16 Dukes Motel * * * creating by his activity thereon a nuisance: to wit, did bring girls under the age of eighteen into said premises for the purpose of sniffing glue." On this appeal, it is contended by appellant that the criminal information failed to charge an offense and that the lower court erred in denying his pretrial motion to dismiss the information on that ground. Specifically, he urges that under Maryland Rule 712a an information must contain "a plain, concise and definite statement of the essential facts constituting the specific offense with which the defendant is charged"; that the information charged him with keeping a disorderly house because he brought minor females on the premises for the purpose of sniffing glue; that to constitute the offense of disorderly house, it must be shown that the house was kept as a place where acts prohibited by statute are habitually indulged in or permitted; that under Maryland Code, Article 27, Section 313A, it is a misdemeanor "for any person to deliberately smell or inhale such excessive quantities of any * * * [model airplane glue or the like such as to] cause conditions of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system"; that the statute does not proscribe bringing girls of any age into a motel room merely to sniff glue; that as the information alleged only the sniffing of glue, it failed to charge an act prohibited by the statute and thus cannot provide the foundation upon which to bottom the crime of disorderly house; and that the information does not allege that the glue sniffing was habitual, nor did it specify the commission of any act occurring on more than one day, namely November 12, 1968.