State v. . Linkhaw
Supreme Court of North Carolina
Indictment for misdemeanor, tried before Russell, J., at Robeson Superior Court, Spring Term, 1873. Defendant was indicted for disturbing a religious congregation. The evidence as detailed by several witnesses was substantially this: Defendant is a member of the Methodist Church; he sings in such a way as to disturb the congregation; at the end of each verse, his voice is heard after all the uther singers have ceased.
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Indictment for misdemeanor, tried before Russell, J., at Robeson Superior Court, Spring Term, 1873. Defendant was indicted for disturbing a religious congregation. The evidence as detailed by several witnesses was substantially this: Defendant is a member of the Methodist Church; he sings in such a way as to disturb the congregation; at the end of each verse, his voice is heard after all the uther singers have ceased. One of the witnesses being asked to describe defendant’s singing, imitated it by singing a verse in the voice and manner of defendant, which “produced a burst of prolonged and…
1Opinion of the CourtSettle, J.
The defendant is indicted for disturbing a congregation while engaged in divine worship, and the disturbance is alleged to consist in his singing, which is described to be so peculiar as to excite mirth in one portion of the congregation and indignation in the other.
Prom the evidence reported by his Honor who presided at the trial, it appears that at the end of each verse his voice is heard after all the other singers have ceased, and that the disturbance is decided and serious; that the church members and authorities expostulated with the defendant about his singing and the disturbance…
2Cited by4 opinions
- In re KayCalifornia Supreme Court · 1970
- State v. . RamsaySupreme Court of North Carolina · 1878
- In Re KayCalifornia Supreme Court · 1970
- United States v. TaylorU S Air Force Court of Military Review · 1990