State v. Massey

WATSON, Justice. Defendant Massey was charged with vio *1212 lating LSA-R.S. 14:105 1 “in that he did willfully and unlawfully keep a disorderly place located at 737 Cohen St.” 2 A bill of information charged Massey with letting a disorderly place contrary to LSA-R.S. 14:105. Defendant filed a motion to quash which was granted by the trial court on the ground that LSA-R.S. 14:105 is unconstitutionally vague. Because of the ruling that the statute is unconstitutionally vague, the appeal was transferred to the Louisiana Supreme Court. 3 ^ LSA-R.S. 14:104 4 defines keeping a disorderly place as the intentional maintaining of a place to be used habitually for any illegal purpose. Reading the two statutes in pari materia, it can be inferred that a disorderly place is one used habitually for any illegal purpose. The definition of a disorderly place as one which is used habitually for an illegal purpose is not unconstitutionally vague. State v. Defrances, 351 So.2d 133 (La.1977); State v. Truby, 211 La. 178 , 29 So.2d 758 (1947). However, an indictment which charges a crime involving a disorderly place must specify the disorder. State ex rel. Etie v. Foster, 112 La. 746 , 36 So. 670 (1904). Also see Connick v. Lucky Pierre’s, 331 So.2d 431 (La.1976). Compare State v. Brooks, 146 La. 325 , 83 So. 637 (1920) where the indictment specified the nature of the disorder. Foster held that charging a defendant with keeping a disorderly tavern was merely a conclusion of law and not sufficient for preparation of a defense. “ ‘The proper course is to specify what the disorder is.’ ” 5 Because of the multitude of illegal purposes which could be served by a disorderly place, this bill of information is deficient and was correctly quashed by the trial court. For the foregoing reasons, the conclusion that LSA-R.S. 14:105 is unconstitutional is disapproved, but the judgment of the trial court is affirmed. AFFIRMED. CALOGERO, J., concurs. The statute is not constitutionally vague. DIXON, C.J., dissents. . LSA-R.S. 14:105 provides: “Letting a disorderly place is the granting of the right to use any premises knowing that they are to be used as a disorderly place, or allowing the continued use of the premises with such knowledge. "Whoever commits the crime of letting a disorderly place shall he fined not more than five hundred dollars, or imprisoned for not more than six months, or both.” . Tr. 2. . LSA-Const. Art. 5, § 5(D). . LSA-R.S. 14:104 states: “Keeping a disorderly place is the intentional maintaining of a place to be used habitually for any illegal purpose. ‘Whoever commits the crime of keeping a disorderly place shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both." . 36 So. at 670 , quoting Wharton, Criminal Law (7th ed. § 2395).