Walton v. State
Mississippi Supreme Court
Walton v. State, 64 Miss. 207 (Miss. 1886)
Cooper
Walton v. State
Opinion of the Court
delivered the opinion of the court.
The motion to quash the indictment should have been sustained. The words spoken constituted the gist of the offense, and should have been set out in the indictment. 3 Bishop on Cr. Proc. 123; 1 Wharton on Cr. L. 351; Steuer v. The State, 59 Wis. 472.
Judgment reversed and indictment quashed.
Reference
- Full Case Name
- Jesse Walton v. State
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Crimutai, PRACTICE. Indictment for profane sweañng. What to contain. An indictment under a statute which makes it a crime to “ profanely swear and curse in a public place,” must set out the language upon which it is based.