Duncan

Defendant was accused by information ‘ ‘ of the crime of permitting his wife to remain in a house of prostitution, committed as follows: That the said George A. Duncan, on November 12, 1911, at and in the county of Humboldt and state of California, and from thence continuously until on or about the 12th day of April, 1912, did willfully, unlawfully, knowingly and feloniously, allow and permit one Ella Duncan, who was then and there . . . the wife of him the said George A. Duncan, to remain in a house of prostitution, known as No. 48 Fourth Street, Eureka, . . . contrary,” etc. The jury found the defendant guilty as charged and the court sentenced him to imprisonment at San Quentin for the term of four years. Defendant’s motion for a new trial was denied and he appeals from the judgment and order.

1. The constitutionality of the law under which the trial was had is challenged in so far as it makes it a crime by the husband who “allows or permits” his wife to remain in a house of prostitution. The objection is that it violates section 24 of article IV of the constitution which provides that “Every act shall embrace but one subject, which shall be expressed in its title. . . .” The…