Bodenhamer v. State

Decided December 8, 1894

Supreme Court of Arkansas · decided 1894-12-08

Brice B. Hudgins, Judg-e. STATEMENT BY THE COURT. The defendant, B. F. Bodenhamer, was indicted at the April term, 1894, of the Baxter circuit court for “profanity,” as follows, to-wit: “That said B. F. Bodenhamer, in the county and State aforesaid, on the 10th day of July, 1893, unlawfully did profanely swear and curse.” Defendant demurred to the indictment on five several grounds to-wit: (1.) The indictment does not substantially conform to the requirements of section 2105…

Cited by 6 later decisions — most recently March 1931

2 federal appellate · 2 state decisions

Relies on State v. Witt · State v. Moser · State v. Snyder

Good law ✅— No negative treatment on recordhow we know

Decided 1894-12-08

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Bunn, C. J.

¶11. Indictment for profanity held good. (after stating the facts.) The indictment is for a purely statutory offense, as enacted in section 1880, Mansfield’s Digest, and a majority of the court are of the opinion that the offense is sufficiently charged therein, the same being charged in the language of the statute. State v. Moser, 33 Ark. 140; State v. Witt, 39 Ark. 216; State v. Snyder, 41 Ark. 226.

¶22. Profane language need not be publicly used. There was no error in the refusal of the court to give the second instruction asked by defendant, since the statute does not require that the profane language shall be used publicly in order to constitute the crime charged.

¶3Finding no error, the judgment of the Baxter circuit court is affirmed.