Commonwealth v. Linn
Supreme Court of Pennsylvania
Appeal, No. 31, Oct. T., 1893, by the Commonwealth, from order of Q. S. Clarion Co., Nov. T., 1892, No. 18, quashing indictment. Indictment for swearing on public street.
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Appeal, No. 31, Oct. T., 1893, by the Commonwealth, from order of Q. S. Clarion Co., Nov. T., 1892, No. 18, quashing indictment. Indictment for swearing on public street. The material (3d) count of the indictment was as follows : “ The Grand Inquest of the Commonwealth of Pennsylvania aforesaid, upon their oath aforesaid, do further present that Holla Linn, late of said county, yeoman, Daniel Linn, late of said county, yeoman, being evil disposed persons, oh the day and year aforesaid and divers other times, as well before as since, at the county aforesaid and within the jurisdiction of this…
1Opinion of the Court
Opinion by
Mr. Justice Green,
With an earnest desire to sustain this indictment, if possible, we find ourselves unable to do so. It cannot be sustained under the Crimes Act of 1860, section 30, prohibiting blasphemy, because it does not charge that offence. Nor under the act of 1794, because it is not framed upon that act, nor is any attempt made to bring it within the special proceedings under which the act is executed.. It only remains to be considered whether it can b.e sustained as charging a common law offence. It cannot be doubted that profane swearing and cursing, in a loud' and…
2Cases cited2 opinions
- Barker v. CommonwealthSupreme Court of Pennsylvania · 1852
- Commonwealth v. MohnSupreme Court of Pennsylvania · 1866
3Cited by5 opinions
- Commonwealth v. MacDonaldSupreme Court of Pennsylvania · 1975
- Town of Torrington v. TaylorWyoming Supreme Court · 1943
- Commonwealth v. Brown, Pennsylvania Court of Common Pleas, Franklin County1948
- Commonwealth v. Brown, Pennsylvania Court of Common Pleas, Dauphin County1978
- Commonwealth v. PerryMercer County Court of Quarter Sessions · 1967