Legal Opinion

State v. . Powell

Supreme Court of North Carolina

Decided January 5, 1874PublishedCited by 6 opinions

INDICTMENT, for profane swearing, tried before Clarke, J., at the Fall Term, 1873, of Robeson Superior Court. The defendant was charged, in the indictment, that he did, at divers times, in the streets of the town- of Lumberton, ‘‘profanely curse and swear, and take the name of Almighty God in vain,” concluding to the common nuisance, &c.

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INDICTMENT, for profane swearing, tried before Clarke, J., at the Fall Term, 1873, of Robeson Superior Court. The defendant was charged, in the indictment, that he did, at divers times, in the streets of the town- of Lumberton, ‘‘profanely curse and swear, and take the name of Almighty God in vain,” concluding to the common nuisance, &c. It was proved that the defendant was in the habit of using-profane language, so loud that he could be heard to a distance of 200 or 300 yards; that he would' curse on the streets front' dark until 10 o’clock at night, and that persons in the streets and…

1Opinion of the CourtReade, J.

The charge in the indictment is, that the defendant did “ publicly, in the streets of the town of Lumberton, profanely curse and swear, and take the name of Almighty God in vain.”

The question is, whether any crime is charged; whether profane swearing in public, is, of itself, a nuisance ?

Profane swearing is irreligious beyond doubt. And it may be admitted to be immoral; and, to the refined, coarse and. vulgar. And very clearly it may be so used as to be a nuisance — as, for instance, if it be loud and continued. But nothing of the sort is charged in the indictment. It was indeed proved that…

2Cases cited1 opinion

  1. State v. . PepperSupreme Court of North Carolina · 1873

3Cited by6 opinions

  1. United States v. BridgemanCourt of Appeals for the D.C. Circuit · 1975
  2. Campbell v. City of BirminghamCourt of Criminal Appeals of Alabama · 1981
  3. State v. . BarhamSupreme Court of North Carolina · 1878
  4. State v. . FaulkSupreme Court of North Carolina · 1911
  5. Gaines v. StateTennessee Supreme Court · 1881

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