State v. Stroud

• Decision Date: 09 October 1896
• Citation: State v. Stroud, 99 Iowa 16, 68 N.W. 450 (Iowa 1896)
• Parties: STATE v. STROUD ET AL.
• Court: Iowa Supreme Court

99 Iowa 16

68 N.W. 450

STATE

v.STROUD ET AL.

Supreme Court of Iowa.

Oct. 9, 1896.

Appeal from district court, Dallas county; A. W. Wilkinson, Judge.

Information for disturbing religious services. Verdict of guilty, and the defendants appealed. Reversed.S. D. Nichols, for appellants.

Milton Remley, Atty. Gen., for the State.

GRANGER, J.

The information is laid under section 4023 of the Code, as follows: “If any person willfully disturb or disquiet any assembly of persons met for religious worship by profane discourse or rude and indecent behavior, or by making a noise either within the place of worship, or so near as to disturb the order and solemnity of the assembly, he shall be punished,” etc. The information charges the disturbance by loud talking and laughing, without the charge that it was willfully done. It is thought that the absence of this averment is fatal to the information. In State v. Butcher, 79 Iowa, 110, 44 N. W. 239, it is said: “The facts constituting the offense should be stated with as much precision in an information as in an indictment.” In an indictment such an omission would be fatal The body of the information is as follows: “The above-named defendants are accused of the crime of disturbing the religious services at the Bethel U. B. Church, in Linn township, Dallas county, Iowa. Said defendants did then and there, on the 4th day of February, A. D. 1894, disturb the religious services, to the annoyance of the congregation, by loud talking and laughing, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Iowa.” Take from the...