Legal Opinion

State v. . Jones

Supreme Court of North Carolina

Decided December 5, 1848PublishedCited by 4 opinions

Appeal from the Superior Court of Law of Rockingham County, at the Fall Term, 1848, his Honor Judge Caldwell presiding. This was an indictment for a common nuisance.

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Appeal from the Superior Court of Law of Rockingham County, at the Fall Term, 1848, his Honor Judge Caldwell presiding. This was an indictment for a common nuisance. It appeared on the trial of this prosecution, that a quarrel took place in Madison, a village of Rockingham, between the defendant and another individual; that the defendant was drinking, and after the quarrel and separation of the parties, he cursed and swore in a loud tone of voice for some time — that he used very profane language, calling the name of Almighty God in vain — that his especial abuse was directed at the…

1Opinion of the CourtNash, J.

The indictment in this case charges, “that James A. Jones, late of, &c., at with force and arms in said County, on the 25th day of March, 1848, did publicly curse and swear and take the name of Almighty God in vain, for a long time, to-wit; for the space of two hours, to the common nuisance of all the citizens of the State, and against the peace and dignity of the State.” The indictment further charged the defendant with going armed with a loaded gun, during the same time. The defendant was convicted.

For single acts of profane swearing, the laws of this State have provided a remedy, which…

2Cited by4 opinions

  1. State v. . SherrardSupreme Court of North Carolina · 1895
  2. State v. SherrardSupreme Court of North Carolina · 1895
  3. State v. . FaulkSupreme Court of North Carolina · 1911
  4. State v. . WallerSupreme Court of North Carolina · 1819

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