Walker v. State
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Western District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. The appellant was convicted under section 1655 of Kirby’s Digest of the crime of disturbing a religious congregation.
Read the full summary
Appeal from Lawrence Circuit Court; Western District; R. E. Jeffery, Judge; STATEMENT BY THE COURT. The appellant was convicted under section 1655 of Kirby’s Digest of the crime of disturbing a religious congregation. The indictment charged that he “did unlawfully and contemptuously disturb and disquiet a congregation assembled for religious worship at Christian Church at Opposition, by loud talking and by acting in a manner that was calculated to disquiet, insult and interrupt said congregation,” etc. It appears that a stepdaughter of Walker had joined the Christian Church at Opposition, and…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court did not err in refusing appellant’s prayer for instruction.
While the law looks alone to the motive in this offense, and while it is necessary that the conduct of the accused shall be actuated by malice, or a contempt for the congregation of worshipers assembled, or the worship itself, yet it is not essential that the accused should have the specific intent to disturb the congregation in order to constitute the offense. The doctrine concerning this offense is stated in 14 Cyc. p. 543, as follows:
“If the natural tendency of an act is to disturb a…
2Cases cited2 opinions
- State v. WrightSupreme Court of Arkansas · 1883
- State v. BooeSupreme Court of Arkansas · 1896
3Cited by4 opinions
- Stovall v. StateMississippi Supreme Court · 1935
- State v. KimbroughSupreme Court of Arkansas · 1979
- Neal v. StillSupreme Court of Arkansas · 1970
- Woodward v. StateSupreme Court of Arkansas · 1927