Day v. State
Court of Criminal Appeals of Texas
The indictment charged the defendant with disturbing the inhabitants in a private house of one Kemp by wilfully using loud and vociferous language, cursing and yelling, etc. Another count charged the defendant with making an assault on said Kemp, and still another count for using violent and abusive language concerning said Kemp, calculated to provoke a breach of the peace.
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The indictment charged the defendant with disturbing the inhabitants in a private house of one Kemp by wilfully using loud and vociferous language, cursing and yelling, etc. Another count charged the defendant with making an assault on said Kemp, and still another count for using violent and abusive language concerning said Kemp, calculated to provoke a breach of the peace. The testimony showed that the defendant went to said Kemp’s house and there raised a disturbance in the presence of said Kemp’s family, and cursed and abused the said Kemp, and with another assaulted him.
1Opinion of the Court
HARPER, Judge.
In this case appellant was indicted by the grand jury of Denton County, the indictment containing three counts, all growing out of the same transaction.
The court submitted the case to the jury on all three counts, and the jury returned a verdict finding defendant guilty on all three counts, and assessing a fine for each violation of the law alleged. The judge refused to receive the verdict, and instructed the jury to return to their room, and instructed that they, under the indictment, could only find defendant guilty on one count in the indictment and charge, and if they found…
2Cases cited5 opinions
- McGee and Fuller v. StateCourt of Criminal Appeals of Texas · 1898
- Attaway v. StateCourt of Criminal Appeals of Texas · 1893
- Hall v. StateCourt of Criminal Appeals of Texas · 1893
- Clemmons v. StateCourt of Criminal Appeals of Texas · 1898
- Buchanan v. StateCourt of Criminal Appeals of Texas · 1907
3Cited by4 opinions
- Woods v. StateCourt of Criminal Appeals of Texas · 1920
- Brewer v. StateCourt of Criminal Appeals of Texas · 1930
- Burton v. StateCourt of Criminal Appeals of Texas · 1935
- Essery v. StateCourt of Criminal Appeals of Texas · 1913