Salter v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before'the Hon. John R. Tyson. The appellant was indicted, tried and convicted for disturbing religious worship, under the statute, (Code, § 4083). The evidence, as shown by the bill of exceptions, was in direct conflict; that for the State tending to show that at a certain church, just as the congregation was leaving the church, the defendant came up to his brother, Ben Salter, as he walked out of the church, and accosted him…
Read the full summary
Appeal from the Circuit Court of Crenshaw. Tried before'the Hon. John R. Tyson. The appellant was indicted, tried and convicted for disturbing religious worship, under the statute, (Code, § 4083). The evidence, as shown by the bill of exceptions, was in direct conflict; that for the State tending to show that at a certain church, just as the congregation was leaving the church, the defendant came up to his brother, Ben Salter, as he walked out of the church, and accosted him in reference to his having talked about him, the defendant, and that a quarrel ensued. The testimony for the defendant…
1Opinion of the CourtMcCLELLAN, J.
-Each of the several charges refused to the defendant is based on the theory, that an essential element in the offense of disturbing religious worship, denounced by section 4033, is a purpose and specific' intent on the part of the party charged to disturb the assemblage of people met for religious worship. This idea found some support in the case of Harrison v. State, 37 Ala. 154; but that case has been limited and explained by later adjudications, which have thoroughly established the doctrine, that a purpose and intent to disturb is not a necessary factor in the crime, but, to the…
2Cases cited4 opinions
- Harrison v. StateSupreme Court of Alabama · 1861
- Lancaster v. StateSupreme Court of Alabama · 1875
- Goulding v. StateSupreme Court of Alabama · 1886
- Johnson v. StateSupreme Court of Alabama · 1890
3Cited by8 opinions
- Commonwealth v. BohmerMassachusetts Supreme Judicial Court · 1978
- Robinson v. StateAlabama Court of Appeals · 1913
- Mayor of Talladega v. FitzpatrickSupreme Court of Alabama · 1901
- Stafford v. StateSupreme Court of Alabama · 1908
- Bloodsworth v. StateAlabama Court of Appeals · 1926
3 more not listed; retrieve them via the Exa API.