Minter v. State
Supreme Court of Georgia
Certiorari. Before Judge Hart. Jasper superior court. March, term, 1898. ' The special presentment charged, that on September 5,1897, Richard I. Minter, “by cursing and using profane and obscene language, and by being intoxicated, and by fighting, and by loud talking, and by then and there otherwise indecently acting, did interrupt and disturb a congregation of persons then and there lawfully assembled for divine service at Concord church, a primitive Baptist church.”
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Certiorari. Before Judge Hart. Jasper superior court. March, term, 1898. ' The special presentment charged, that on September 5,1897, Richard I. Minter, “by cursing and using profane and obscene language, and by being intoxicated, and by fighting, and by loud talking, and by then and there otherwise indecently acting, did interrupt and disturb a congregation of persons then and there lawfully assembled for divine service at Concord church, a primitive Baptist church.” Defendant demurred on the following grounds: (1) General. (2) Failure to specifically set. out the manner in which he…
1Opinion of the CourtFish, J.
1. Was the demurrer to the presentment properly overruled? It charged that the accused, “by cursing and using profane and obscene language, and by being intoxicated, •and by fighting, and by loud talking, and by . . otherwise indecently acting, did interrupt and disturb a congregation of persons . . lawfully assembled for divine service,” etc. With the exception of the charge of fighting, the language of the presentment is in the terms of the statute. Penal Code, §418. “On the general principles of common-law pleading, it may be said that it is sufficient to frame the indictment in the words…
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