Legal Opinion

State v. . Moore

Supreme Court of North Carolina

Decided May 6, 1914PublishedCited by 12 opinions

Appeal by defendant from"Harding, J., at February Term, 1914, of RowaN. Tbe defendant was charged with the violation of “an ordinance of the town of Spencer, ch. 12, sec. 2, in that she did curse on the streets, loud enough to be heard by those passing by, in a disorderly manner, and on the streets of the town.” The proof was that she had been arrested for violating an ordinance and given a bond for her appearance to answer the charge.

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Appeal by defendant from"Harding, J., at February Term, 1914, of RowaN. Tbe defendant was charged with the violation of “an ordinance of the town of Spencer, ch. 12, sec. 2, in that she did curse on the streets, loud enough to be heard by those passing by, in a disorderly manner, and on the streets of the town.” The proof was that she had been arrested for violating an ordinance and given a bond for her appearance to answer the charge. Just as she stepped into her buggy, she was cautioned by the policeman, who had arrested her, as it appears, not to drive through the town, and replied to him…

1Opinion of the Court

Waleer, J.,

after stating tbe case: We will not venture to enter upon any casuistical discussion of tbe question whether the word “damn” is profanity or not, as our decision of the ease does not require it. The speech of the defendant was not nice or refined, but this does not, of itself, render it criminal. Disorderly conduct is a species of nuisance, and it may be a violation of the ordinance without necessarily being indictable at common law (S. v. Sherrard, 117 N. C., 716), as it is a minor offense, below the grade of a misdemeanor, and not known to the law as a separate and distinct…

2Cases cited4 opinions

  1. State v. . DebnamSupreme Court of North Carolina · 1887
  2. State v. CainanSupreme Court of North Carolina · 1886
  3. City of Jacksonville v. HeadenAppellate Court of Illinois · 1892
  4. State v. SherrardSupreme Court of North Carolina · 1895

3Cited by12 opinions

  1. State v. . CarlsonSupreme Court of North Carolina · 1916
  2. State v. . McLeodSupreme Court of North Carolina · 1930
  3. Lewis v. CommonwealthSupreme Court of Virginia · 1945
  4. State v. CarlsonSupreme Court of North Carolina · 1916
  5. City of Seattle v. FranklinWashington Supreme Court · 1937

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