State v. . Burke

The defendant was charged with violating C. S., 4352. This section, in part, is as follows: “If any person shall, on any public road or highway and in the hearing of two or more persons, in a loud and boisterous manner, use indecent or profane language, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days,” etc. (Certain counties exempted.)

The defendant was tried and convicted on a warrant duly sworn out before a justice of the peace. Erom the judgment of the justice of the peace defendant appealed to the…