Legal Opinion

Johnson v. State

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 2 opinions

From the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. The appellant, Richard Johnson, was indicted, tried and ■convicted for wilfully interrupting and disturbing a religious assembly. On the- trial, as is shown by the bill of exceptions, issue was joined on the plea of not guilty.

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From the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. The appellant, Richard Johnson, was indicted, tried and ■convicted for wilfully interrupting and disturbing a religious assembly. On the- trial, as is shown by the bill of exceptions, issue was joined on the plea of not guilty. The State introduced one Kirkland, who testified that, within twelve months before the finding of this indictment, while a gathering of people had assembled at Oakey Grove Church for religious worship, the defendant came into the said church, after services had begun, and sat down on a bench;…

1Opinion of the CourtStone, C. J.

-“Any person who willfully interrupts or disturbs any assemblage of people met for religious worship, by noise, profane discourse, rude or indecent behavior,” &c., is subject to indictment. — Code of 1886, § 4033. The testimony is very clear, that the conduct and conversation were such as that their natural tendency was to disturb one or more persons, who had assembled for purposes of religious worship. Lancaster v. The State, 53 Ala. 308.

The defendant requested the court to charge the jury, “that if they believed from the evidence that what the defendant did and said in the church, on the…

2Cases cited1 opinion

  1. Harrison v. StateSupreme Court of Alabama · 1861

3Cited by2 opinions

  1. Salter v. StateSupreme Court of Alabama · 1892
  2. Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891

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