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49 Tex. Crim. 439

93 S.W 742

Deskin v. State

Court of Criminal Appeals of Texas · decided 1906-03-07

<p>Disturbing Religious Worship—Insufficiency of Evidence.</p> <p>Upon a trial for disturbing religious worship, testimony that the witnesses had quit attending the Sunday school on account of the act of the defendant, was inadmissible.</p>

Cited by 1 later decisions — most recently May 1918

Good law ✅— No negative treatment on recordhow we know

Decided 1906-03-07

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BROOKS, Judge.

¶1 This conviction is for disturbing religious worship, and the fine imposed was $25. Upon the trial, over the appellant’s objection, the court permitted Miss Ann Watldnson and Capt. J. H. Lee, to testify that they quit attending the Sunday school at Prairie Grove School House, on account of the acts of the defendant. This testimony was clearly inadmissible. It was proper and germane to prove anything showing disorder on the part of appellant at the Sunday school, but it would not be permissible for witnesses to be introduced and give that as their reason for quitting the Sunday school. This would be a bare conclusion of the witnesses, and highly prejudicial to" the rights of the defendant. Accordingly the judgment is reversed and the cause remanded.

¶2 Reversed and remanded.

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