Legal Opinion

Hammond v. State

Supreme Court of Arkansas

Decided September 10, 1973No. CR 73-74PublishedCited by 4 opinions

1Opinion of the Court

Frank Holt, Justice.

The appellant was convicted by the trial court, sitting as a jury, of using abusive language in violation of Ark. Stat. Ann. § 41-1412 (1964 Repl.) and violating Ark. Stat. Ann. § 41-2801 (1964 Repl.) by resisting arrest. Her punishment was assessed at $50 and costs and 30 . days in jail on each offense with the jail sentences suspended. Appellant first attacks the constitutionality of § 41-1412 (breach of peace statute) as being violative of the federal First and Fourteenth Amendments.

Appellant asserts that the statute is overbroad, vague, unconstitutional in its…

2Cases cited5 opinions

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. Gooding v. WilsonSupreme Court of the United States · 1972
  3. Schenck v. United StatesSupreme Court of the United States · 1919
  4. Whitney v. CaliforniaSupreme Court of the United States · 1927
  5. Lucas v. StateSupreme Court of Arkansas · 1973

3Cited by4 opinions

  1. Pueblo v. Caro GonzálezSupreme Court of Puerto Rico · 1980
  2. Mattie Hammond v. The Honorable Richard B. Adkisson, Pulaski County, Arkansas, Circuit Judge, and Monroe Love, Pulaski County, Arkansas, SheriffCourt of Appeals for the Eighth Circuit · 1976
  3. Shoemaker v. StateSupreme Court of Arkansas · 2001
  4. Bousquet v. StateSupreme Court of Arkansas · 1977

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API