State v. Persinger

This case is before us on the appeal of the State from the action of the circuit court in quashing the indictment on defendant’s motion. The indictment is founded on section 1, Laws 1870, page 46, and charges in substance that defendant disturbed the peace of Leonard Salmon, Jasper N. Bailey and divers other persons by loud and unusual noise, etc. The defendant filed motion to *347quash the indictment on the ground that the said act of 1870 was unconstitutional in so far as it attempted to make the disturbance of the peace of a person or persons an offense. ¥e are of the opinion that the motion…