State v. Stuth

Decision Date16 March 1895
Citation39 P. 665,11 Wash. 423
PartiesSTATE v. STUTH.
CourtWashington Supreme Court

Appeal from superior court, Thurston county; M. J. Gordon, Judge.

Otto Stuth was convicted of disturbing a religious society, and appeals. Affirmed.

John C. Kleber, for appellant.

Milo A Root, Pros. Atty., for the State.

SCOTT J.

The appellant was convicted, under section 95 of the Penal Code [1] of disturbing a religious society. The information, omitting the formal parts, is as follows: "Comes now Milo A Root, county and prosecuting attorney for Thurston county Washington, and the court being in session and the grand jury not being in session, and gives the court to understand and be informed that Otto Stuth is guilty of the offense of disturbing a religious society, and the members thereof, when met together for public worship, committed as follows, to wit: He, the said Otto Stuth, at Olympia, in Thurston county Washington, on or about the 13th day of February, 1894, in and near a room then occupied by a large number of persons belonging to a religious society known as the 'Salvation Army,' did use loud and profane language, and did smoke a cigarette, and did refuse to leave said room when requested so to do by the officer of said society in charge, and did, by said language and conduct, disturb said 'Salvation Army,' and the members thereof, they then and there being met for public worship." It is contended that the information is insufficient because it does not charge that the acts were done willfully, and with intent to cause a disturbance. But, leaving out of consideration the question as to whether this was a necessary allegation in the information, the statute not containing the word "willful," we think the point raised is not well taken. The information charges that the appellant, in a room occupied by a large number of persons belonging to a religious society, then and there met for public worship, did use loud and profane language, and did smoke a cigarette, and did refuse to leave said room when requested so to do. We are of the opinion that this substantially charges that the acts were done willfully, and with intent to create a disturbance. It would be unnecessary to use the word "willful" if other words of the same import are used. It is further urged that the statute in question is void, as relating to the facts involved in this case, on the ground that it fails to define such crime; and decisions of the supreme court of...

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15 cases
  • Kay, In re
    • United States
    • California Supreme Court
    • 30 Enero 1970
    ...Explicit rules governing the time and place of permitted nonviolent expressions (cf. Gaddis v. State, supra, 180 N.W. 690; State v. Stuth, supra, 39 P. 665) may in some circumstances fix the limits of permissible conduct. Violation of such customs or rules by one who knew or as a reasonable......
  • City of St. Paul v. Morris, 37909
    • United States
    • Minnesota Supreme Court
    • 22 Julio 1960
    ...§ 1.31 M.S.A. § 615.02.32 State v. Winkels, 204 Minn. 466, 283 N.W. 763.33 State v. Miller, 253 Minn. 112, 91 N.W.2d 138.34 State v. Stuth, 11 Wash. 423, 39 P. 665; State v. Mancini, 91 Vt. 507, 101 A. 581; Fowler v. State, 93 Ga.App. 883, 93 S.E.2d 183.35 27 C.J.S., p. 815.36 27 C.J.S., Di......
  • State v. Dingman
    • United States
    • Idaho Supreme Court
    • 30 Mayo 1923
    ... ... is not vague, indefinite and uncertain in its terms. ( ... State v. Brown, 108 Wash. 205, 182 P. 944; State ... v. Omaechevviaria, 27 Idaho 797, 152 P. 280; Adams ... v. Landson, 18 Idaho 483, 110 P. 280; State v ... Fox, 71 Wash. 185, 127 P. 1111; State v. Stuth, ... 11 Wash. 423, 39 P. 665; Waters-Pierce Oil Co. v ... Texas, 212 U.S. 86, 29 S.Ct. 220, 53 L.Ed. 417; ... People v. Malley, 49 Cal.App. 597, 194 P. 48; ... State v. Hennessy, 114 Wash. 351, 195 P. 211; State ... v. Laundy, 103 Ore. 443, 204 P. 958, 206 P. 290.) ... It is ... ...
  • Spencer v. World Vision Inc.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 25 Enero 2011
    ...It is a body of persons who usually meet in some stated place for worship of God and religious instruction.”); State v. Stuth, 11 Wash. 423, 39 P. 665, 666 (1895) (“The words ‘religious society’ ... have their ordinary meaning, and would include all religious societies or congregations met ......
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