Schaal v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court; A. P. Steel, Special Judge; The indictment is bad and the demurrer should have been sustained.
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Appeal from Howard Circuit Court; A. P. Steel, Special Judge; The indictment is bad and the demurrer should have been sustained. Either the letter or substance of the statute must be followed, and nothing is left to implication, intendment, or conclusion. 22 Cye. 336; 12 Ark. 608; 47 Ark. 488; 31 Minn. 207; 17 3ST. W. 344. The words of the indictment “and in the presence and hearing” mig'ht refer to Hodo-o. or Mrs. Schaal, who were nresent also, and wholly fail to allege that the language complained of was used in the presence of Walden. The indictment not having charged an offense under the…
1Opinion of the CourtWoon, J.
This is an appeal from a judgfnent of conviction for the crime of a breach of the peace. The indictment, omitting the formal opening and conclusion, as as follows: “The grand iurv of Howard Countv, in the name and bv the authority of the State of Arkansas, accuse P. W. Schaal of the crime of breach of peace commi'ted as follows, to-wit: The said G. W. Schaal in the county and State aforesaid, on the 3rd day of March, 1921, did unlawfully make use of violent, abusive, and insulting language toward and about one E. K. .Walden and in the presence and hearing, said language in its common…
2Cases cited3 opinions
- Evans v. StateSupreme Court of Arkansas · 1893
- Blais v. StateSupreme Court of Arkansas · 1910
- State v. PerrySupreme Court of Arkansas · 1910
3Cited by2 opinions
- Whited v. StateIndiana Supreme Court · 1971
- Whited v. StateIndiana Supreme Court · 1971