Legal Opinion

Mercer v. State

Court of Criminal Appeals of Texas

Decided December 18, 1907No. 3930PublishedCited by 3 opinions

Appeal from the County Court of Harrison. Tried below before the Hon. H. T. Lytleton. Appeal from a conviction of disturbing the peace; penalty, a fine of $5. The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

The affidavit and information contain two counts, the first of which charges appellant with going into and near a private place, to wit: the private house of Dan Maloney, and did then and there curse and swear and yell and shriek and use loud, abusive, vulgar, obscene and indecent language in a manner calculated to disturb the inhabitants of said private house. The second count charges appellant with using abusive language to and concerning the said Dan Maloney under circumstances then and there reasonably calculated to provoke a breach of the peace against the peace…

2Cases cited3 opinions

  1. Dancey v. StateCourt of Criminal Appeals of Texas · 1896
  2. Stebbins and McFarland v. StateCourt of Criminal Appeals of Texas · 1892
  3. West v. StateCourt of Appeals of Texas · 1889

3Cited by3 opinions

  1. Greenlaw v. DilworthTexas Commission of Appeals · 1927
  2. Holmes v. StateCourt of Criminal Appeals of Texas · 1912
  3. Nabors v. StateCourt of Criminal Appeals of Texas · 1939

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