Finch v. State

• Decision Date: 07 March 1887
• Citation: 1 So. 630,64 Miss. 461
• Court: Mississippi Supreme Court
• Parties: S. W. FINCH v. THE STATE

1 So. 630

64 Miss. 461

S. W. FINCH v. THE STATE

Supreme Court of Mississippi

March 7, 1887

APPEAL from the Circuit Court of Jackson County, HON. S. H. TERRAL Judge.

Sampson W. Finch was indicted by the grand jury of Jackson County upon the charge that he "Sampson Finch, in said county on the first day of October, A. D. 1882, did willfully disturb the peace of Rebecca Jones, then and there by offensive conduct there, against the peace and dignity of the State of Mississippi." The defendant moved to quash the indictment because it failed to set out the particular acts charged as offensive. The court overruled the motion, and the defendant was convicted and now appeals to this court.

Section 2769, Code of 1880, makes it a misdemeanor for any one to disturb the peace of another "by any tumultuous or offensive conduct."

Reversed.

J. L Dantzler, for the appellant.

We submit that the indictment should have been more explicit, should have set out the particular conduct complained of, the particular action, word, or deed that was offensive, so as to enable appellant to prepare a proper defense. The words "offensive conduct" are very general, and unless more explicit we submit it was impossible for the defendant to know exactly with what he was charged. During one day many particular acts may have been done, and in the presence of many different witnesses, and under the present indictment, defendant would be at a loss which particular thing was the one complained of, and thus at a loss which witnesses to have subpoened for his defense. The statute defines several particular things which would constitute a disturbance of a family or person, such as an "explosion of gunpowder, or other explosive substance, or loud or unusual noise," but the part upon which this indictment is based uses very general terms, "or any tumultuous or offensive conduct," and we submit that an indictment upon this part of the statute should define and explain the particular conduct complained of, as the other portions. Sarah v. The State, 28 Miss. 267; Jesse v. The State, 28 Miss. 100; Williams v. The State, 42 Miss. 328.

T. M. Miller, Attorney General, for the State, submitted the case without argument.

OPINION

ARNOLD, J.

The motion to quash the indictment should have been sustained. It was not enough to allege in the words of the statute that the disturbance was caused by offensive conduct. As a general rule, it is...