State v. Cainan
Supreme Court of North Carolina
Indictment, tried before Clark, Judge, and a jury, at January Criminal Term, 1886, of the Superior Court of Wake county.
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Indictment, tried before Clark, Judge, and a jury, at January Criminal Term, 1886, of the Superior Court of Wake county. The defendant was arrested by virtue of a warrant, issued by the mayor of the city of Raleigh, in which it is alleged that he “eugaged in disorderly conduct, by the use of loud and boisterous cursing and swearing in said city, and did violate the rules of decency by the use of obscene language in said city, in violation of the ordinance of the city of Raleigh, chapter 5, §3, contrary to,” &c. The ordinance referred to is as follows : “ Every person found guilty of loud and…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). The ordinance mentioned in the warrant, has reference to and forbids such acts and conduct of persons, as are offensive and deleterious to society, particularly in dense populations, as in cities or towns, but do not per se constitute criminal offences, under the general law of the State. The suggestion that the acts and things forbidden constitute nuisances, is not well founded. They lack the element of having been done in the presence and hearing, and to the annoyance of divers persons, in, near to, and about the place where the offensive acts were done. The…
2Cases cited1 opinion
- State v. . MerrittSupreme Court of North Carolina · 1880
3Cited by12 opinions
- State v. . EverhardtSupreme Court of North Carolina · 1932
- State v. . StevensSupreme Court of North Carolina · 1894
- State v. . WarrenSupreme Court of North Carolina · 1893
- State v. . DebnamSupreme Court of North Carolina · 1887
- State v. Taylor.Supreme Court of North Carolina · 1903
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