Sowell v. State
Mississippi Supreme Court
Appeal from the circuit court of Perry county. Hon. Paul B. Johnson, Judge. Lark Sowell was indicted for disturbing public worship. From a judgment sustaining a demurrer to the indictment the state appeals. The facts aré fully stated in the opinion of the court.
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Appeal from the circuit court of Perry county. Hon. Paul B. Johnson, Judge. Lark Sowell was indicted for disturbing public worship. From a judgment sustaining a demurrer to the indictment the state appeals. The facts aré fully stated in the opinion of the court. The indictment again'st the defendant will be found from the record to be in the following words (omitting the formal part): “That Lark Sowell on the 4th day of September, 1911, in Perry county aforesaid did willfully and unlawfully disturb a congregation of persons lawfully assembled at Prospect Church for religious worship, by then…
1Opinion of the CourtReed, J.
The indictment in this case is for disturbance of worship under section 1113 of the Code of 1906. It charged that appellee “did unlawfuly and willfully disturb a congregation of persons lawfully assembled at Prospect Church for religious worship, by then and there talking in a loud tone of voice, in the presence and hearing of said congregation. ”
An indictment is sufficient if the crime is charged in direct, concise, and positive terms; and in misdemeanors it is only necessary that the offense be substantially charged. The indictment in this case is sufficient. It is different from the…
2Cited by1 opinion
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