State v. . Davis
Supreme Court of North Carolina
Indictment for disturbing a religious congregation at Mt. Pleasant church in Surry County, tried'before Shaw, J., at October Term, 1899, of the Superior-Court of said county. After the State had examined all its witnesses and rested its case, the defendant' demurred thereto ore tenus. 'His Honor overruled the demurrer, and charged the jury, if they believed the evidence, to pronounce a verdict of guilty, which they did.
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Indictment for disturbing a religious congregation at Mt. Pleasant church in Surry County, tried'before Shaw, J., at October Term, 1899, of the Superior-Court of said county. After the State had examined all its witnesses and rested its case, the defendant' demurred thereto ore tenus. 'His Honor overruled the demurrer, and charged the jury, if they believed the evidence, to pronounce a verdict of guilty, which they did. Defendant excepted and appealed from the judgment pronounced. The evidence, as agreed upon, is stated in the opinion.
1Opinion of the CourtMontgomery, J.
The defendants were indicted for disturbing religious worship.
The defendants demurred to the evidence which was as follows : “That religious services which were held at night, had adjourned and been adjourned ten minutes, and the co-ngregation had left the house, some were in the church yard, some in the road thirty or forty yards away, and some had left or were in the act of leaving, and some had gone home. One witness testified that he was on the door-steps- of the church at the time the alleged disturbance began; the defendants were in the road, and were under the influence of liquor, but…
2Cases cited3 opinions
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- State v. . EllarSupreme Court of North Carolina · 1827
- State v. . KirbySupreme Court of North Carolina · 1809
3Cited by4 opinions
- State v. Lytle.Supreme Court of North Carolina · 1905
- State v. . HookerSupreme Court of North Carolina · 1907
- State v. . RobinsonSupreme Court of North Carolina · 1895
- State v. . HaynieSupreme Court of North Carolina · 1896