Lockett v. State
Texas Supreme Court
' Appeal from Bowie. Tried below before the Hon. John C. Easton. The indictment in this case charged “that on the thirtieth day of December, A. D. 1872, in the county of Bowie, in said State of Texas, with force and arms, one Abner Lockett did, by loud and vociferous talking and swearing, at a church known as and called Sandy Grove, willfully disturb a congregation thereat assembled for religious worship, and conducting themselves in a lawful manner.”
Read the full summary
' Appeal from Bowie. Tried below before the Hon. John C. Easton. The indictment in this case charged “that on the thirtieth day of December, A. D. 1872, in the county of Bowie, in said State of Texas, with force and arms, one Abner Lockett did, by loud and vociferous talking and swearing, at a church known as and called Sandy Grove, willfully disturb a congregation thereat assembled for religious worship, and conducting themselves in a lawful manner.” Verdict guilty, and a fine of twenty-five dollars. A new trial was asked upon the ground that the law under which the defendant was found…
1Opinion of the Court
Roberts, Chief Justice.
There is in the transcript an agreement of counsel as to what the charge of the court was to the jury, which was not authenticated by the approval of the judge presiding. It cannot therefore be regarded by this court. There are no statement of facts, bill of exceptions, or charge of the court in the record.
The indictment is good for the offense of disturbing a congregation assembled for religious worship, whether tested by Article 284 of the Criminal Code, as it stood when the indictment was found, or by the same Article 284 as amended by the act of twenty-third of…
2Cited by2 opinions
- Kennedy v. StateCourt of Criminal Appeals of Texas · 1919
- Jones v. StateNebraska Supreme Court · 1890