Quin v. State

Mississippi Supreme Court April 15, 1888

Quin v. State, 65 Miss. 479 (Miss. 1888)

Cooper

Opinion of the Court

Cooper, J.,

dilivered the opinion of the Court.

If the indictment had charged the abusive language used by the appellant to have been uttered near the premises of Mr. Jones, the conviction might be sustained. But the averment is *481that the words were used in the yard, and the evidence fails to-sustain the averment as to place. The statute creating theoffence makes place material, for it can he committed only where-one “ enters the dwelling-house of another, or the yard or curtilage thereof, or upon the public highway or any other place near such premises, etc.’-’ Place is thus made an essential element of the offence, and must be charged in the indictment, and being, charged must be proved as laid.

Bishop on Grim. Prac., vol. 1, Sect. 372.

Judgment reversed and new trial awarded.

Reference

Full Case Name: W. P. Quin v. State
Cited By: 1 case
Status: Published
Syllabus: Cbiminal Law. Use of abusive language. Place. Section S770, Gode of 1880. Case in judgment Section 2770 of the Code of 1880 declares that, “Any person who enters the dwelling-house of another, or the yard or curtilage thereof, or upon the public highway or any other place near such premises, and in the presence or hearing of the family of the possessor or occupant thereof, or of any female, makes use of abusive, profane, vulgar or indecent language, shall be punished for a misdemeanor.” An indictment under this statute, charging the use of abusive and profane language in a “yard,” is not sustained by proof of the use of such language near the yard. The place of the offence is material in indictment and proof.