498 DISTURBING FEMALES, RELIGIOUS WORSHIP, SCHOOL ASSEMBLIES.

(r.c.c.)

CHAPTER 204.

DISTURBING FEMALES, RELIGIOUS WORSHIP AND SCHOOL ASSEM
BLIES. 6767-6769..

6767. (4653) (4032) (4200) (3613) (72) Disturbing women at public assembly, etc.-Any person who, by rude or indecent behavior, or by profane or obscene language, disturbs any woman in a public place, or in a railroad car, steamboat, or in any other public conveyance, or at a railroad station, landing, or other place frequented by the traveling public, must, on conviction, be fined not more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months. (Form 44 [37].)

Origin of statute.-Toulmin's Digest, p. 218, § 7. (Mar. 20, 1875, p. 257.) The indictment must pursue the words of the statute, or the Code form, or aver every material constituent of the offense except venue and time.-Smith's case, 63 Ala. 55. Engaging in a fight does not necessarily render accused guilty of disturbing women; conduct must be rough, uncivil, or offensive.— Reeves's case, 96 Ala. 33 (11 So. 296).

6768. (4654) (4033) (4199) (3612) (71) Disturbing religious worship.-Any person who willfully interrupts or disturbs any assemblage of people met for religious worship, by noise, profane discourse, rude or indecent behavior, or any other act, at or near the place of worship, must, on conviction. be fined not less than twenty nor more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months. (Form 45 [38].)

Original statute passed Dec. 10, 1822.-Toulmin's Digest, p. 567. (Aikin's Digest, p. 356, § 8; Clay's Digest, p. 505, § § 8, 11; p. 440, § 7.) What persons constitute a part of an assemblage a question for the jury.—Adair v. State, 134 Ala. 183 (32 So. 326). A meeting of persons solely for the purpose of instruction as to how to sing religious songs, does not necessarily constitute an assemblage of persons met for religious worship; a singing school is not religious worship.-Adair v. State, 134 Ala. 183 (32 So. 326). Though conduct be exceedingly reprehensible and highly indecent, and committed near the place of worship, it may not disturb the assemblage, and if not it will not support a conviction.-Cox v. State, 136 Ala. 94 (34 So. 168). There are several necessary ingredients in this offense; disturbance must be by rude and indecent behavior, or by profane or abusive language; the female disturbed must be in public assembly; they must have met for the purpose of instruction, improvement or recreation; if any one of the ingredients be

wanting, the offense is not complete.—Smith v. State, 63 Ala. 55. Act causing disturbance must be willful or intentional; not sufficient if done recklessly or carelessly. Harrison's case, 37 Ala. 154; Brown's case, 46 Ala. 175; Laneaster's case, 53 Ala. 398. Natural tendency of act must be to disturb some, if only one, of the worshipers.-Lancaster's case, 53 Ala. 398. Sufficient if disturbance made while people assembling or dispersing.-Kinney's case, 38 Ala. 224; Lancaster's case, supra. Evidence of previous bad character as disturber of public worship not admissible by state, except in rebuttal of good character.-Harrison's case, 37 Ala. 154; Brown's case, 46 Ala. 175. Evidence that others disturbed congregation, without objection by the members, inadmissible.-Harrison's case, supra. Permission to speak no excuse for violent and insulting discourse, though not called to order.-Lancaster's case, 53 Ala. 398. Declarations of defendant while going to church, "I am going to stay till I get satisfaction," admissible.-Price's case, 107 Ala. 161 (18 So. 130). Charge requesting acquittal if defendant did what he did heedlessly or recklessly—that is, carelessly-is properly refused.—Johnson's case, 92 Ala. 82 (9 So. 539) (explaining Harrison's case, 37 Ala. 154). Witness cannot testify that he was disturbed-he must state the facts.-Morris's case, 84 Ala. 457 (4 So. 628). Every sect or denomination of religionists is the arbiter of its own doctrinal tenets-questions of orthodoxy or heterodoxy are to be decided by the church judicatories, without appeal to civil courts.Ib. A majority faction of a church are not guilty of disturbing religious worship by remonstrating against conduct of minority faction about church differences.-Ib. Wearing a false mustache in church which causes laughter will support a conviction.-Williams's case, 83 Ala. 68 (3 So. 743). The presumption of intentional or willful disturbance may be rebutted by lawful excuse, but not by proof of a secret intention.-Ib. A conviction may be had on proof that defendant willfully and intentionally engaged in a fight.Goulding's case, 82 Ala. 48 (2 So. 478). Purpose or intent to disturb is not necessary, but the doing of an act, the natural consequence of which is to disturb, and which does disturb, is sufficient.-Salter's case, 99 Ala. 207 (13 So. 535), qualifying and limiting Harrison's case, 37 Ala. 154.

6769. (4655) (4034) Disturbing people met for school purposes or holiday.-Any person who willfully disturbs any school, or other assemblage of people, met for any lawful purpose, or for amusement or recreation on a holiday for a school, must, on conviction, be fined not less than five nor more than fifty dollars.

6770. (4656) (4035) Appearing in public or at private resi dence while drunk or intoxicated.-Any person who, while intoxicated or drunk, appears in any public place where one or more persons are present, or at or within the curtilage of any private residence, not his own, where one or more persons are present, and manifests a drunken condition by boisterous or indecent conduct, or loud and profane discourse, must, on conviction, be fined not less than five nor more than one hundred dollars, to be paid in money only. (Form 46.)

Origin of statute.-Toulmin's Digest, p. 218, § 5. (Feb. 17, 1885, p. 142; Feb. 28, 1889, p. 92.) A person cannot be said to be intoxicated or drunk when his potations do not affect, disturb, or interfere with his mental or physical faculties.-Roden v. State, 136 Ala. 89 (34 So. 351). See Standard Co. v. Jones, 94 Ala. 434 (10 So. 530); Wadsworth v. Dunnam, 98 Ala. 610 (13 So. 597); State v. Savage, 89 Ala. 1 (7 So. 7, 183); State v. Robinson, 111 Ala. 482 (20 So. 30). "Rude or indecent behavior" defined.-Reeves's case. 96 Ala. 33 (11 So. 296).

6771. (4657) (3767) (4104) (3551) (11) Challenge to fight duel.-Any person who gives, accepts, or knowingly carries a challenge, in writing or otherwise, to fight in single combat, with any deadly weapon, either in or out of this state, must (r.c.c.) be punished, on conviction, by imprisonment in the penitentiary for not less than two years nor more than ten years. (Form 33 [27].)

History of statute.-Toulmin's Digest, pp. 261-266. (Aikin's Digest, pp. 134-137, §2; Clay's Digest, p. 414, § 11.) Ivey's case, 12 Ala. 276; Ex parte Dorsey, 7 Port. 293.

6772. (4658) (3768) (4105) (3552) (12) Publishing another as a coward for not fighting or accepting challenge to fight.— Any person who, in any newspaper, handbill, or other advertisement, written or printed, publishes or proclaims another person as a coward, or uses any other opprobrious or abusive language, for not accepting a challenge to fight a duel, or for not fighting a duel, must be punished, on conviction, by a fine of not less than two hundred nor more than five hundred dollars, and by imprisonment in the county jail, or hard labor for the county, for not less than six nor more than twelve months.

(Aikin's Digest, p. 136, § 14; Clay's Digest, p. 485, $ 52.)

General Elections, Offenses Concerning.

CHAPTER 207.

ELECTIONS, OFFENSES CONCERNING. 6773-6826.

ARTICLE 1. GENERAL ELECTIONS, OFFENSES CONCERNING. 6773–6817. ARTICLE 2. PRIMARY ELECTIONS, OFFENSES CONCERNING. 6818-6825. ARTICLE 3. ELECTIONS AS TO CHANGING OR REMOVING COUNTY SEATS: OFFENSES CONCERNING. 6826.

ARTICLE 1.

GENERAL ELECTIONS, OFFENSES CONCERNING. 6773-6817.