Lyons v. State

<p>■ Appeal from the County Court of Karnes. Tried below before the Hon. J. C. Wilson, County Judge.</p> <p>The conviction was based upon an information which charged the appellant with disturbing a Sunday school congregation by loud and vociferous exclamations and swearing. The penalty assessed was a fine of twenty-five dollars.</p> <p>Several witnesses for the State testified that they participated in the Sunday school exercises referred to in the information. They heard talking and laughing during those exercises, which proceeded from the rear of the church, and, they thought, from a bench occupied by the defendant and two others. ' None of the said witnesses heard any swearing, and, with a single exception, they all declined to testify that the defendant did, or participated in, the talking and laughing. The one witness referred to testified that he heard defendant speak once in a tone of voice somewhat higher than a whisper, but not so high as the ordinary key of conversation. Not one of the witnesses testified to loud and vociferous exclamations, uttered by defendant or other person.</p>