Legal Opinion

Brown v. State

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 14 opinions

Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The appellants, Burrell Brown, William Ashley, William Weems and Wesley MeKissock, who were jointly indicted under section 3612 of the Revised Code for disturbing religious worship, went to trial on plea of not guilty, were found guilty, and fined.

Read the full summary

Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The appellants, Burrell Brown, William Ashley, William Weems and Wesley MeKissock, who were jointly indicted under section 3612 of the Revised Code for disturbing religious worship, went to trial on plea of not guilty, were found guilty, and fined. From the bill of exceptions taken on the trial, it appeared that when a portion of the congregation had assembled for public worship at Sale Chapel, in Henry county, but before service commenced, the appellants came by on horseback, at a gallop, some fifty yards from church,…

1Opinion of the CourtPeck, C. J.

— By section 3612 of the Eevised Code it is provided that “ any person who willfully interrupts or disturbs any assemblage of people met for religious worship, by noise, profane discourse, rude or indecent behavior, or any other act, at or near the place of worship, must on conviction be fined not less than twenty, nor more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year.”

To constitute an offense under this section, there must be not only an actual interruption or disturbance of an assemblage of…

2Cited by14 opinions

  1. In re KayCalifornia Supreme Court · 1970
  2. Smith v. StateSupreme Court of Alabama · 1916
  3. Moore v. StateTennessee Supreme Court · 1896
  4. People v. HuffMichigan Supreme Court · 1913
  5. Williams v. StateSupreme Court of Alabama · 1948

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API