Bodenhamer v. State
Supreme Court of Arkansas
Appeal from Baxter Circuit Court. Brice B. Hudgins, Judg-e. STATEMENT BY THE COURT. The defendant, B. F. Bodenhamer, was indicted at the April term, 1894, of the Baxter circuit court for “profanity,” as follows, to-wit: “That said B. F. Bodenhamer, in the county and State aforesaid, on the 10th day of July, 1893, unlawfully did profanely swear and curse.”
Read the full summary
Appeal from Baxter Circuit Court. Brice B. Hudgins, Judg-e. STATEMENT BY THE COURT. The defendant, B. F. Bodenhamer, was indicted at the April term, 1894, of the Baxter circuit court for “profanity,” as follows, to-wit: “That said B. F. Bodenhamer, in the county and State aforesaid, on the 10th day of July, 1893, unlawfully did profanely swear and curse.” Defendant demurred to the indictment on five several grounds to-wit: (1.) The indictment does not substantially conform to the requirements of section 2105 to 2122 of Mansfield’s Dig-est. (2.) The facts stated in said indictment do not…
1Opinion of the CourtBunn, C. J.
1. Indictment for profanity held good. (after stating the facts.) The indictment is for a purely statutory offense, as enacted in section 1880, Mansfield’s Digest, and a majority of the court are of the opinion that the offense is sufficiently charged therein, the same being charged in the language of the statute. State v. Moser, 33 Ark. 140; State v. Witt, 39 Ark. 216; State v. Snyder, 41 Ark. 226.
2. Profane language need not be publicly used. There was no error in the refusal of the court to give the second instruction asked by defendant, since the statute does not require that the profane…
2Cases cited3 opinions
- State v. MoserSupreme Court of Arkansas · 1878
- State v. WittSupreme Court of Arkansas · 1882
- State v. SnyderSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Duncan v. United StatesCourt of Appeals for the Ninth Circuit · 1931
- Caldwell v. StateSupreme Court of Arkansas · 1904
- Kerr v. United StatesCourt Of Appeals Of Indian Territory · 1907
- State v. HookerSupreme Court of Arkansas · 1904