Sanford v. State
Mississippi Supreme Court
From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Sanford, appellant, a negro girl, was convicted by the municipal court of profanely swearing in a public place in the city of Corinth in the presence of two or more persons, a misdemeanor, and appealed to the circuit court; being again tried there, convicted and fined, she appealed to the supreme court. The opinion of the court states the facts.
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From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. Sanford, appellant, a negro girl, was convicted by the municipal court of profanely swearing in a public place in the city of Corinth in the presence of two or more persons, a misdemeanor, and appealed to the circuit court; being again tried there, convicted and fined, she appealed to the supreme court. The opinion of the court states the facts. “ Profane or public swearing is a nuisance at common law, but to be indictable, it must be in a public place to constitute an annoyance to the public.” 4 Am. & Eng. Enc. of Law (2d…
1Opinion of the CourtCalhoun, J.
Eosa Sanford was convicted under § 1295, Code 1906, which makes it a penal offense for any one to “ profanely swear or curse in any public place in the presence of two or more persons.” All the facts are that she was twelve years old, and “ accidentally brushed against two other girls, and, upon being soundly abused and upbraided by them for her carelessness, said to them in a public place on a street in the city of’ Corinth, ‘ Go. to hell, you low-down devils.’ ”
We cannot invoke the doctrine, “ De minimis non curat lex.” *162The learned judge below, we think, would have been glad to do this;…
2Cases cited1 opinion
- State v. WileyMississippi Supreme Court · 1898
3Cited by4 opinions
- Duncan v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Brendle v. City of HoustonCourt of Appeals of Mississippi · 2000
- Thompson v. StateAlabama Court of Appeals · 1949
- Orf v. StateMississippi Supreme Court · 1927