Legal Opinion

Harrison v. State

Supreme Court of Alabama

Decided January 15, 1861PublishedCited by 29 opinions

FROM the Circuit. .Court of Lowndes. Tried before the Hon. John K. Henry. Ti-te indictment in this case alleged, that ¡the defendant “willfully interrupted or disturbed an assemblage of people met for religious worship, by noise, profane discourse,'rude and indecent .behaviour, or by fighting, at or near the place of worship.”

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FROM the Circuit. .Court of Lowndes. Tried before the Hon. John K. Henry. Ti-te indictment in this case alleged, that ¡the defendant “willfully interrupted or disturbed an assemblage of people met for religious worship, by noise, profane discourse,'rude and indecent .behaviour, or by fighting, at or near the place of worship.” On the trial, as appears from the bill of' exceptions, the State proved the fact, that the congrega-i-tion of a church iu Lowndes county, which had assembled ■ Lor religious worship, on a particular Sunday night, within Vthe time covered by the indictment, had been…

1Opinion of the CourtStone, J.

The defendant was indicted under section *1563257 of the Code, which declares, that “ any person, who willfully interrupts or disturbs any assemblage of people met for religious worship, by noise, profane discourse,” &c., is guilty of a misdemeanor. The court charged the jury, “that, if the defendant disturbed the congregation, when met for, or engaged in religious worship, either willfully or recklessly,” then the case would be within the provisions of the statue.

The word tvilljul, when, employed in penal enactments, has not always the same meaning. In this statute, it is used as the synonym…

2Cases cited3 opinions

  1. Ogletree v. StateSupreme Court of Alabama · 1856
  2. McManus v. StateSupreme Court of Alabama · 1860
  3. State v. AbramSupreme Court of Alabama · 1847

3Cited by29 opinions

  1. State v. PrestonWisconsin Supreme Court · 1874
  2. Berry v. FifeSupreme Court of Alabama · 1991
  3. Williams v. StateSupreme Court of Alabama · 1887
  4. State ex rel. Barker v. MeekSupreme Court of Iowa · 1910
  5. Armor v. StateSupreme Court of Alabama · 1879

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