Terry v. State
Court of Appeals of Texas
Appeal from the District Court of Trinity. Tried below before the Hon. H. G. Kittrell. This conviction was for disturbing the peace by going into the private house o£ Gideon Gibson, and using loud, vociferous, vulgar and obscene language, cursing and swearing, and displaying a knife therein. The penalty imposed by the jury was a fine of one dollar.
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Appeal from the District Court of Trinity. Tried below before the Hon. H. G. Kittrell. This conviction was for disturbing the peace by going into the private house o£ Gideon Gibson, and using loud, vociferous, vulgar and obscene language, cursing and swearing, and displaying a knife therein. The penalty imposed by the jury was a fine of one dollar. The one witness who testified was the owner of the house, Gideon Gibson, and he established the fact that the defendant, though one of a number of guests attending a wedding at his private house, used violent, obscene and vulgar language, and…
1Opinion of the Court
Willson, Judge.
It was not error for the court to refuse the special charge requested by the defendant. The fact that the private residence where the disturbance occurred was, at the time, a place where numerous persons had, upon invitation of the owner of the house, assembled on the occasion of a wedding, did not divest the residence of its private character, and deprive it of the protection afforded by the statute under which this conviction was obtained.
There is no error in the charge of the court.
In the statement of facts before us there is no evidence, either direct or circumstantial,…
2Cited by1 opinion
- Pugh v. StateCourt of Criminal Appeals of Texas · 1909