Terry v. State

<p>Appeal from the District Court of Trinity. Tried below before the Hon. H. G. Kittrell.</p> <p>This conviction was for disturbing the peace by going into the private house o£ Gideon Gibson, and using loud, vociferous, vulgar and obscene language, cursing and swearing, and displaying a knife therein. The penalty imposed by the jury was a fine of one dollar.</p> <p>The one witness who testified was the owner of the house, Gideon Gibson, and he established the fact that the defendant, though one of a number of guests attending a wedding at his private house, used violent, obscene and vulgar language, and flourished a knife in a threatening manner while in that house.</p> <p>The special charge refused by the court, and referred to in the first head note of this report, reads as follows:</p> <p>"Under an indictment charging a disturbance of the peace to have been committed in a private house, a defendant can not be convicted of disturbing the peace in a public place. When a private residence is thrown open to invited guests upon an occasion of a wedding, and a crowd is gathered at such private residence, during the time such crowd is assembled such residence is a public place.”</p> <p>The motion for new trial raised the questions discussed in the opinion.</p>