State v. Wiley
Mississippi Supreme Court
From the circuit court of Union county. Hon. Z. M. Stephens, Judge. Thomas Wiley, the appellee, defendant in the court below, was indicted for violating § 1219, code 1892, which section is in these words: “If any person shall profanely swear or curse or be drunk in any public place, in the presence of two or more persons, he shall, on conviction thereof, be fined not more than ten dollars for each offense.”
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From the circuit court of Union county. Hon. Z. M. Stephens, Judge. Thomas Wiley, the appellee, defendant in the court below, was indicted for violating § 1219, code 1892, which section is in these words: “If any person shall profanely swear or curse or be drunk in any public place, in the presence of two or more persons, he shall, on conviction thereof, be fined not more than ten dollars for each offense.” Upon a trial before a jury, the evidence was conflicting as to whether the accused said of and to the Rev. Mr. Stroup, “ You are a God-damned rascal and a God-damned liar,” or simply, “You…
1Opinion of the CourtWhitfield, J.
The court erred in striking out the words set out as having been stricken from the instruction for the state. Says the court *283in Gaines v. State, 40 Am. Rep., 64, 65, through'the learned Judge Cooper: “It is not absolutely necessary that the name of the deity should be used ”—That is, to constitute profanity— “any words importing an imprecation of divine vengeance, or implying divine condemnation, so used as to constitute a public nuisance, would suffice.” Citing cases. See, to the same effect, 2 Bish. New Grim, Law, sec. 79 (1), and 2 Am. & Eng. Enc. Law (1st ed.), p. 424, the note where the…
2Cases cited1 opinion
- Holcomb v. CornishSupreme Court of Connecticut · 1831
3Cited by4 opinions
- Duncan v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Brendle v. City of HoustonCourt of Appeals of Mississippi · 2000
- Orf v. StateMississippi Supreme Court · 1927
- Sanford v. StateMississippi Supreme Court · 1907