Quin v. State

Decided April 15, 1888

Mississippi Supreme Court · decided 1888-04-15

Hon. J. B. Chrism an, Judge. W. P. Quin was indicted upon the charge that he, “ on the 9th day of January, 1888, in the county aforesaid, unlawfully, •did enter the yard of Bob Jones, and, did then and there unlawfully, in the presence, and' in the hearing, of the family of the said Bob Jones (he, the said Bob Jones, and family then and there being the occupants and owner of said yard and dwelling house therein situated), unlawfully make use of abusive, profane and vulgar…

Cited by 1 later decisions — most recently March 1897

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-04-15

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Cooper, J.,

¶1dilivered the opinion of the Court.

¶2If the indictment had charged the abusive language used by the appellant to have been uttered near the premises of Mr. Jones, the conviction might be sustained. But the averment is *481that the words were used in the yard, and the evidence fails to-sustain the averment as to place. The statute creating theoffence makes place material, for it can he committed only where-one “ enters the dwelling-house of another, or the yard or curtilage thereof, or upon the public highway or any other place near such premises, etc.’-’ Place is thus made an essential element of the offence, and must be charged in the indictment, and being, charged must be proved as laid.

¶3Bishop on Grim. Prac., vol. 1, Sect. 372.

¶4Judgment reversed and new trial awarded.