Smith v. State
Supreme Court of Alabama
Error to the City Court of Montgomery. Tried before the Hon. John A. Minnis. The indictment in this case contained but a single count, which'charged that Scott Smith and Edward Watts, “by rude and indecent behavior, or by profane or obscene language, willfully disturbed females, members of the society called ‘ Daughters and Sons of St. Luke of the ancient, grand, united order of St, Paul,’ at the Fair grounds in or near the city of Montgomery, met for the purpose of…
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Error to the City Court of Montgomery. Tried before the Hon. John A. Minnis. The indictment in this case contained but a single count, which'charged that Scott Smith and Edward Watts, “by rude and indecent behavior, or by profane or obscene language, willfully disturbed females, members of the society called ‘ Daughters and Sons of St. Luke of the ancient, grand, united order of St, Paul,’ at the Fair grounds in or near the city of Montgomery, met for the purpose of instruction, amusement, or recreation; against' the peace,” &c. Scott Smith, being on trial alone, was found guilty, and fined…
1Opinion of the CourtStone, J.
The defendant in this case was indicted under section 4200 of the Code of 1876, which makes it a misdemeanor in “ any person who, by rude and indecent behavior, or by profane or obscene language, willfully disturbs any female or females in any public assembly, met for the purpose of instruction, amusement, or recreation.” There are other provisions of the statute not presented by this record. The offense denounced by this statute consists of several ingredients. The first is, that the disturbance must be by “ rude and indecent behavior,” or by “ profane or obscene language.” The second is,…
2Cases cited1 opinion
- Wilson v. StateSupreme Court of Alabama · 1878
3Cited by25 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Grattan v. StateSupreme Court of Alabama · 1882
- Powell v. StateSupreme Court of Alabama · 1932
- Mitchell v. StateSupreme Court of Alabama · 1946
- Tolbert v. StateSupreme Court of Alabama · 1888
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