State v. . Brewington
Supreme Court of North Carolina
Indictment for a Nuisance, tried at August Term, 1880, of New HaNOVek Criminal Court, before Meares, J. The case is brought here by an appeal on the part of the state from an order of the judge below, quashing an indictment preferred against the defendant for a nuisance committed by the use of profane and vulgar language in a public place.
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Indictment for a Nuisance, tried at August Term, 1880, of New HaNOVek Criminal Court, before Meares, J. The case is brought here by an appeal on the part of the state from an order of the judge below, quashing an indictment preferred against the defendant for a nuisance committed by the use of profane and vulgar language in a public place. The indictment charged that defendant, being an evil disposed person, &c., on the first day of January, 1880, and on clivers other days and times, both before and since that day, in a certain public street and highway in said county, and in the presence and…
1Opinion of the Court
Ruffin, J,
The use of profane and vulgar language does not per se constitute an indictable offence, but only when so publicly indulged in and so long continued or often re» peated, as to become annoying and hurtful to the community. And not only must the person charged with such an offence have indulged in its use to this extent, but the in» dictment preferred against him must specifically set forth all the facts and circumstances which go to make up the ■offence.
Conceding these principles and admitting that the grossly indecent and profane language, set forth in the indictment as having been…
2Cases cited2 opinions
- State v. . PepperSupreme Court of North Carolina · 1873
- State v. . BarhamSupreme Court of North Carolina · 1878
3Cited by2 opinions
- State v. . ChrispSupreme Court of North Carolina · 1881
- State v. . FaulkSupreme Court of North Carolina · 1911