Shirley v. State

• Decision Date: 05 February 1907
• Docket Number: (Nos. 168, 169.)
• Citation: 57 S.E. 912,1 Ga.App. 143
• Parties: SHIRLEY v. STATE.
• Court: Georgia Court of Appeals

57 S.E. 912

1 Ga.App. 143

SHIRLEY

v.STATE.

(Nos. 168, 169.)

Court of Appeals of Georgia.

Feb. 5, 1907.

1. Grand Jury — Competency of Juror — Domicile.

The facts presented were not sufficient to show that the grand juror whose competency was challenged, on the ground that he was no longer a citizen of the county at the date of his service, had so far proceeded with the act of changing his domicile as to make him ineligible. Therefore the verdict against the plea in abatement was proper under the evidence.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 24, Grand Jury, § 9.]

2. Disturbance of Public Assemblage-Evidence.

In the main case the evidence authorized the verdict of guilty.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 17, Disturbing Public Assemblage, § 12.]

(Syllabus by the Court.)

Error from Superior Court, Rabun County; Kimsey, Judge.

One Shirley was convicted of disturbing public worship, and brings error. Affirmed.

W. S. Paris, for plaintiff in error.

W. A. Charters, Sol. Gen., for the State.

POWELL, J. The defendant was indicted and convicted in Rabun superior court for the offense of disturbing public worship. It seems, from the evidence set out in the record, that_< services were held at Old Tiger Church, in that county, on Christmas day, and that the defendant, although he was described by the pastor of the church as "a scoffer at religion, " attended. The indictment in substance alleges, among other things, that the defendant carried to the church a considerable quantity of intoxicating liquors, both within and without his person; and in corroboration of this the evidence disclosed that he appeared to be intoxicated, and that one of the brethren thought he smelled whisky on him. The defendant also stated to the preacher that he had just drunk some ginger ale, but as to what particular kind of ginger ale is brewed about Christmas time in the mountains of north Georgia, in which Rabun county is situated, the record is silent. However, it seems to have stimulated the defendant's generosity, for the preacher testified: "Just before the services began, he took me out near the schoolhouse, where his fine Berkshire sow was lying in her bed, and showed her to me, and told me that he would give me one of her pigs." Upon going into the church the defendant first took his seat near the entrance, but as the services progressed he kept moving nearer and nearer to the pulpit. When the singing began he joined in, and, as Longstreet, in his "Georgia Scenes, " says of the singing of Ned Brace on his famous visit to Savannah, "he sang very loud, and, apparently, purposely to make a discord." As the preacher proceeded with his sermon the defendant began to express his approbation, interrupting him several times to say, "Well, that is the best sermon I ever heard you preach." Finally his zeal became so great that he went up into the pulpit and took hold of the preacher's arm and continued to compliment the sermon. This naturally created some disturbance. Indeed, the preacher stated in his testimony: "I was so much disturbed by him that I thought I would have to stop preaching; but I knew defendant was a scoffer at religion, and I determined that the devil, through him, should not break up the meeting, and so I kept on preaching notwithstanding his interruption."

Upon arraignment the defendant filed a plea in...