State v. Hopper

• Court: Missouri Supreme Court
• Writing for the Court: RICHARDSON
• Citation: State v. Hopper, 27 Mo. 599 (Mo. 1859)
• Decision Date: 31 January 1859
• Parties: THE STATE, Plaintiff in Error, v. HOPPER et al., Defendants in Error.

27 Mo. 599

THE STATE, Plaintiff in Error,

v.HOPPER et al., Defendants in Error.

Supreme Court of Missouri.

January Term, 1859.

1. An indictment, under section 30 of article 8 of the act concerning crimes and punishments (R. C. 1855, p. 630), charging that the defendants unlawfully did disturb a congregation and assembly of people met for religious worship, by willfully behaving in a rude and indecent manner, and using profane discourse within the place of worship of said congregation, is bad; the offense should be charged to have been done willfully, malicously or contemptuously.

Error to Johnson Circuit Court.

Ewing (attorney-general), for the state.

I. The indictment sufficiently describes the offense. (United States v. Batchelder, 2 Gall. 18; State v. Bullock, 13 Ala. 416; Thompson v. People, 3 Parker C. Cas. 214; 6 Verm. 594; Whart. C. L. 190; Barb. C. L. 333; 16 Mass. 385; 6 Saund. 135.)Ryland & Son, for defendants in error.

I. The indictment is bad. (State v. Bankhead, 25 Mo. 558.)

RICHARDSON, Judge, delivered the opinion of the court.

It was intended to charge the defendants under the 30th section of article 8 of the act concerning crimes and punishments (R. C. 1855, p. 630), which declares that “every person who shall willfully, maliciously or contemptuously disquiet or disturb any congregation or assembly of people met for religious worship, by making a noise, etc., shall be punished,” etc. The indictment charges that the defendants unlawfully did disturb a congregation and assembly of people met for religious worship, by willfully behaving in a rude and indecent manner, and using profane discourse within the place of worship of said congregation.

The offense defined by the statute is not charged in the indictment; for the offense does not consist simply in disquieting or disturbing a congregation, but in doing it willfully, maliciously or contemptuously. Neither the words of the statute descriptive of the offense nor equivalent words are used. (1 Chit. C. L. 281.)

The motion to quash was properly sustained, and the judgment will be affirmed;

Judge Scott concurring. Judge Napton absent.