State v. Booe
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. James S. Thomas, Judge. It was not necessary for the indictment to state that the words and acts of defendant were done in a manner calculated to disturb, insult or interrupt the con-g-reg-ation. Sand. & H. Dig., sec. 1541. The indictment charges appellant with disturbing the congregation by doing certain things, naming them.
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Appeal from Lonoke Circuit Court. James S. Thomas, Judge. It was not necessary for the indictment to state that the words and acts of defendant were done in a manner calculated to disturb, insult or interrupt the con-g-reg-ation. Sand. & H. Dig., sec. 1541. The indictment charges appellant with disturbing the congregation by doing certain things, naming them. This is sufficient. 31 Ark. 638; 14 Ind. 219; 47 Ark. 233. It is not necessary to use the exact language of the statute. Sand. & H. Dig., sec. 2088, 2090, 2076. Cited 31 Ark. 638; 19 id. 578; 47 id. 223, 488.
1Opinion of the CourtBattle, J.
The indictment against the defendant is based on section 1541 of Sandels & Hill’s Digest, which is as follows : “If any person shall maliciously or contemptuously disturb or disquiet any congregation * * * * by profanely swearing or using indecent gestures, or threatening language, or committing any violence of any kind to or upon any person so assembled, or by using' any language, or acting in any manner that is calculated to disquiet, insult, or interrupt said congregation, he shall, upon conviction thereof, be fined in any sum not less than twenty nor more than fifty dollars.” This section…
2Cases cited2 opinions
- Wood v. StateSupreme Court of Arkansas · 1886
- State v. HinsonSupreme Court of Arkansas · 1877
3Cited by3 opinions
- Richardson v. StateSupreme Court of Arkansas · 1905
- Walker v. StateSupreme Court of Arkansas · 1912
- Beard v. StateSupreme Court of Arkansas · 1906