State v. Appling
Supreme Court of Missouri
Appeal from Laclede Circuit Court. The indictment is bad. Merely using vulgar and obscene words is not indictable under the statute. To constitute the offence there must be some open and notorious act of public indecency. But if the mere.use iff language is sufficient, the indictment is still bad. Neither charge is sufficiently laid.
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Appeal from Laclede Circuit Court. The indictment is bad. Merely using vulgar and obscene words is not indictable under the statute. To constitute the offence there must be some open and notorious act of public indecency. But if the mere.use iff language is sufficient, the indictment is still bad. Neither charge is sufficiently laid. Dameron v. The State, 8 Mo. 496.) I. The offence charged is within the intention and mischief of the statute, and a reasonable construction of the law embraces the offence charged within its provisions consistently with the rule that penal statutes are to be…
1Opinion of the Court
RyláND, Judge,
delivered the opinion of the court.
The only question in this case is raised upon the indictment. ■ The defendant was convicted and judgment rendered against him for the fine ; he moved in arrest of judgment; , his motion being overruled, he appealed to this court. The indictment is not good under any of the provisions in our criminal code ; but we consider the offence therein charged to be an offence indictable at common law, and that the indictment is good as a common law indictment. The charge is “that the defendant did, on the'25th of August, A. D. 1856, at the county of…
2Cited by9 opinions
- Knowles v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Redd v. StateCourt of Appeals of Georgia · 1910
- Goree v. StateSupreme Court of Alabama · 1881
- State v. ParkerMissouri Court of Appeals · 1987
- State v. RoseSupreme Court of Missouri · 1862
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