Moore v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. J. M. PittmaN, Judge. 1. The testimony of the witness mentioned in the motion for a continuance should have been admitted to be true. The statutes on the subject apply only to civil cases. 2. The language used should have been set out in the indictment. Wharton Cr.
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APPEAL from Washington Circuit Court. J. M. PittmaN, Judge. 1. The testimony of the witness mentioned in the motion for a continuance should have been admitted to be true. The statutes on the subject apply only to civil cases. 2. The language used should have been set out in the indictment. Wharton Cr. PI. and Pr. 8th Ed., sec. 220; 18-N. W. Pep., 435. 3. The conduct of Willie was the moving cause, and the law does not require a son to submit quietly without, reply to the abuse of his father. 1. The indictment is in the language of the statute.. Mans. Dig., sec. 1802 ; 34 Ark,, 551; 40 Id.,…
1Opinion of the CourtSmith, J.
The indictment alleged that the defendant. “ unlawfully did make use of violent, abusive and insulting language towards and about one Asher Willie, and in his presence and hearing; which language, m its common acceptation, was calculated to arouse to anger, him, the said Asher Willie, and cause a breach of the peace,, against the peace, etc.” After trial and conviction, a motion in arrest of judgment was denied.
1. Sbusive Language: Indectmnet for using. The indictment is founded upon the peace and tranquil-act of July 23, 1868, Mansf. Dig., sec. 1802: “If any person shall make use of any…
2Cited by1 opinion
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