State v. . Horne
Supreme Court of North Carolina
.Indictment for violation of an ordinance of the town of Wadesboro, heard on appeal from a judgment of the mayor •of said town, before Brown, J., and a jury, at Fall Term, 1894, of ANSON Superior Court. The jury, by consent, returned the following special verdict: “ That the defendant J. M. Horne went to a livery-stable in said town to order his horse.
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.Indictment for violation of an ordinance of the town of Wadesboro, heard on appeal from a judgment of the mayor •of said town, before Brown, J., and a jury, at Fall Term, 1894, of ANSON Superior Court. The jury, by consent, returned the following special verdict: “ That the defendant J. M. Horne went to a livery-stable in said town to order his horse. That as he was standing on the sidewalk, in front of same, he swore once or twice (witness 'did not give exact language used, but used terms “ cursed ” or “ swore ”). That there was no one disturbed or within hearing except witness, and an…
1Opinion of the Court
Clark, J.:
In State v. Cainan, 94 N. C., 880, this Court held valid a town ordinance which forbade “loud and boisterous cursing and swearing in any street, house or elsewhere in the city.” This ruling was followed and affirmed in State v. Debnam, 98 N. C., 712. These decisions are placed upon the ground that such conduct does not amount to a “nuisance ” (because not in the presence and to the annoyance of divers persons), which would be punishable under the State’s jurisdiction, but is “ disorderly conduct,” which the town might well forbid and punish. In State v. Warren, 113 N. C., 683, this…
2Cases cited3 opinions
- State v. . WarrenSupreme Court of North Carolina · 1893
- State v. . DebnamSupreme Court of North Carolina · 1887
- State v. CainanSupreme Court of North Carolina · 1886
3Cited by6 opinions
- City of St. Louis v. KingSupreme Court of Missouri · 1910
- State v. . SherrardSupreme Court of North Carolina · 1895
- State v. DaleCourt of Appeals of North Carolina · 2016
- State v. . BrownSupreme Court of North Carolina · 1888
- State v. ClaySupreme Court of North Carolina · 1896
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