United States v. Brooks
U.S. Circuit Court for the District of District of Columbia
This was an indictment for disturbing the congregation of the African meeting-house while engaged in the worship of God. After conviction, the defendant moved in arrest of judgment. contended, that if the disturbing of public worship in the established church was a common-law offence, yet the disturbing of a Methodist meeting was not. The holding of such a meeting was in itself -a common-law offence.
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This was an indictment for disturbing the congregation of the African meeting-house while engaged in the worship of God. After conviction, the defendant moved in arrest of judgment. contended, that if the disturbing of public worship in the established church was a common-law offence, yet the disturbing of a Methodist meeting was not. The holding of such a meeting was in itself -a common-law offence. The precedent cited by Mr. Key, from 2 Cbitty, 23,29, is only for trespass in breaking the windows of a church. All the indictments for disturbing public worship are upon statutes. Chittyyier se…
1Opinion of the CourtCranch, C. J.
The indictment charged that negro John Brooks on the 20th of December, 1823, at, &c., “with force and-arms unlawfully and irreverently did disturb and hinder the congregation of the African meeting-house in Washington county aforesaid, then and there in the said house assembled for, and engaged in, the worship of God, by cursing arid swearing, and loud and profane talking and noise in and near the said meeting-house, and in the hearing of, and to the disturbance of, the said people then and there assembled for the purpose aforesaid, to the disturbance of the public peace, and against the…
2Cases cited1 opinion
- Commonwealth v. HoxeyMassachusetts Supreme Judicial Court · 1820
3Cited by7 opinions
- Mahany v. KephartWest Virginia Supreme Court · 1879
- Bank of the Valley v. Bank of BerkeleyWest Virginia Supreme Court · 1869
- Blair v. HendersonWest Virginia Supreme Court · 1901
- Riley v. District of ColumbiaDistrict of Columbia Court of Appeals · 1971
- Vaughan v. PhebeTennessee Supreme Court · 1827
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