Legal Opinion

State v. . Roper

Supreme Court of North Carolina

Decided June 5, 1835PublishedCited by 6 opinions

The defendant was convicted at Burke, on the last Circuit, before his Honor Judge Settee, upon the following indictment.

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The defendant was convicted at Burke, on the last Circuit, before his Honor Judge Settee, upon the following indictment. “ The jurors for the state upon their oaths present, that Solomon Roper, late of said county, on the first day of September, in the year of our Lord one thousand eight hundred and thirty-three, with force and arms in said county, being an evil disposed person, and contriving and intending to debauch and corrupt the morals of the citizens of said county, on a certain public highway in said county, did indecently and scandalously expose to public view the private parts of him…

1Opinion of the Court

Gaston, Judge,

after stating the case, proceeded: — We consider it a clear proposition, that every act which openly outrages decency, and tends to the corruption of the public morals, is a misdemeanor at common law. A public exposure of the naked person, is among the most offensive of those outrages on decency and public morality. It is not necessary to the constitution of the criminal act, that the disgusting exhibition should have been actually seen ,by the public; it is enough, if the circumstances under ; which it was obtruded were such as to render it probable ■that it would be publicly…

2Cited by6 opinions

  1. State v. MartinSupreme Court of Iowa · 1904
  2. People v. CarbajalCalifornia Court of Appeal · 2003
  3. Commonwealth v. HamiltonCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Truett v. StateAlabama Court of Appeals · 1912
  5. State v. KingSupreme Court of North Carolina · 1974

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