Lancaster v. State
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Tried before Hon. John Henderson. Appellant was indicted and convicted, under'section 3612 of the Revised Code, for disturbing religious worship.
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Appeal from Randolph Circuit Court. Tried before Hon. John Henderson. Appellant was indicted and convicted, under'section 3612 of the Revised Code, for disturbing religious worship. On the trial, it appeared that on a Sabbath morning, after a prayer meeting, and before the congregation bad dispersed, defendant, a member, in good standing, of that church, having asked and obtained from the moderator, or preacher in charge, leave to speak, said : “I neither rise to preach, pray or sing, but I want to talk to the church. I have meditated, thought and prayed to know what I ought to do. I demand…
1Opinion of the CourtBrickell, C. J.
Though an exception Avas reserved to the charge given by the court, it has not been insisted that it is erroneous, and it certainly states the laAV of the offense, in the terms most favorable to the accused. The offense is very clearly defined in Harrison v. State, 37 Ala. 154.
The act or discourse relied on as the ingredient of the offense must haArn been intentional, and its natural tendency must have been to disturb the assemblage — to derange its quiet and order.
When such acts or discourse are intentionally indulged in, without just excuse, at ornear to an assemblage for religious worship,…
2Cases cited2 opinions
- Harrison v. StateSupreme Court of Alabama · 1861
- Kinney v. StateSupreme Court of Alabama · 1862
3Cited by6 opinions
- Williams v. StateSupreme Court of Alabama · 1887
- Minter v. StateSupreme Court of Georgia · 1898
- Salter v. StateSupreme Court of Alabama · 1892
- Goulding v. StateSupreme Court of Alabama · 1886
- Douglass v. BarberSupreme Court of Rhode Island · 1894
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