§ 459. Of Disturbing Meetings. Disturbing Meetings is the wrongful interruption of persons, who are assembled for a lawful purpose. All persons have a right peaceably to assemble for worship, for political discussion, or for any other purpose not in itself unlawful, and the invasion of this right by others is an indictable offence. What amounts to a disturbance depends upon the circumstances of each individual case, for what is proper in one kind of meeting would not be permissible in another. But the interruption must be wilful and designed, and not the result of accident or mistake. Read 1 Russ. Cr., p. 299. 1 Bish. C. L., § 542. 2 Bish. C. L., §§ 301–310. § 460. Of Forcible Entry and Detainer. Forcible Entry is an entry upon land which is in the peaceable possession of another, with such an array of force as to cause terror in those who are present opposing. Forcible Detainer is the detaining of the possession of land, from a person rightfully entitled thereto, by such force as to excite terror in those who are present claiming possession. The premises entered upon must be in the peaceable possession, as distinguished from the bare custody, of another; and the act of entry or detainer must be accompanied by such violence of conduct or language, or be effected by such an array of numbers, as to excite a reasonable apprehension, in the minds of those who oppose it, that bodily harm to themselves, or a breach of the public peace, will result, if they do not cease to hold or claim their possession. But the violence may be offered either to the property or to the person, and either upon the premises or apart therefrom, provided it is coupled with a claim to the possession of the land, and with a design thereby to enforce such claim. Read 4 Bl. Comm., p. 148. 3 Chitty C. L., pp. 1120-1123. 1 Russ. Cr., pp. 304, 307–316. 2 Arch. Cr. Pr., pp. 330–340. 2 Whart. C. L., §§ 2013-2055 b. 2 Bish. C. L., §§ 489-516. § 461. Of Libel. Libel is the wilful and malicious publication, in a permanent and visible form, of some matter tending to injure the reputation of another. It involves the same acts as the private wrong of the same name. Read 4 Bl. Comm., pp. 150-153. 3 Chitty C. L., pp. 866-877. 1 Russ. Cr., pp. 220–264. 2 Whart. C. L., §§ 2535–2605 a. 1 Bish. C. L., §§ 204, 221, 308, 319, 591, 734, 761. 2 Bish. C. L., §§ 905-949. 1 B. & H. L. C. C., pp. 145–157. 2 B. & H. L. C. C., pp. 432-445. § 462. Of Cheating. Embezzlement. False Pretences. Crimes against public trade are crimes, by which the freedom and security of public trade are restricted or impaired. The principal crime of this class is Cheating. Cheating is the perpetration of a fraud, injurious to the person or estate of another, by means against which common prudence cannot guard. Mere words, whether spoken or written, however false, do not amount to a cheat. There must be some visible symbol or token, of such a nature that, according to the customs of society, all persons are supposed to place confidence therein. Thus false weights or measures, false dice, worthless bank-bills, forged instruments, such as deeds, orders, notes or receipts, are tokens, the use of which, in defrauding another, makes such fraud a cheat. The person defrauded must have acted in consequence of his reliance on the truth of such token or symbol, for if his consent to the transaction was induced by other motives it is not a cheat. Embezzlement and False Pretences are fraudulent acts of one person, by which injury is done to another, but which do not amount to cheats at common law. They are made criminal both by English and American statutes, and the details of the crimes must be gathered from the statutes themselves. In general terms, however, embezzlement may be defined as the fraudulent conversion of property, by a person to whom it has been entrusted by the owner; and false pretences as the obtaining of the personal chattels of another, by means of such false representations, in regard to existing facts, as induce the owner to part with his property. Read 4 Bl. Comm., pp. 157, 158. 3 Chitty C. L., pp. 994-999. 2 Russ. Cr., pp. 167-234, 275–313. 2 Whart. C. L., §§ 1905-1961, 2056-2162 h. 1 Bish. C. L., §§ 257, 438, 567, 571, 582, 584-586. § 463. Of Nuisances to Health. Crimes against public health are those crimes, by which the physical health of the people at large is endangered or impaired. The sale of unwholesome provisions, the de filement of wells or springs of drinking-water, the bringing into a public place of persons or animals afflicted with infectious diseases, are the principal crimes of this class. Read 4 Bl. Comm., pp. 161, 162. 1 Russ. Cr., pp. 105-110. 1 Bish. C. L., §§ 489-494. § 464. Of Bigamy. Crimes against public policy are those crimes, by which the decency, morals, or good order of society are violated. The principal crimes of this class are: Bigamy; Blasphemy; Profanity; and Public Nuisances. Bigamy consists in the contracting of a marriage, during the continuance of a prior lawful marriage relation. The prior marriage must have been valid, or, if voidable, not avoided, and must not have been dissolved either by death or by divorce. (After seven years absence, unheard-from, of one party to a marriage, the other may presume the death of the one absent, and may contract another marriage without incurring the guilt of bigamy.) The second marriage must have been so contracted that it would have been valid, but for the existence of the former. Read 4 Bl. Comm., pp. 163-165. 1 Russ. Cr., pp. 185-190, 208–210, 217–219. 2 Arch. Cr. Pr., pp. 1023-1033. 2 Whart. C. L., §§ 2616-2642. 1 Bish. C. L., § 502. 3 Greenleaf Ev., §§ 203-208. Blasphemy is any reproach, oral or written, wilfully cast upon God, his name, attributes, or religion. Any words calculated and designed to impair and destroy the reverence, respect, and confidence, due to God as the creator, governor, and judge of the world, such as a denial of his being or providence, or any profane and malicious scoffing at the Holy Scriptures, exposing them to contempt and ridicule, or any other declarations which tend to subvert religion and piety, are blasphemy. Profanity consists in the use of words which import an imprecation of future divine vengeance. Read 4 Bl. Comm., pp. 59, 60. 1 Bish. C. L., § 498. 2 Bish. C. L., §§ 73-84. 3 Greenleaf Ev., §§ 68-70. § 466. Of Public Nuisances. A Public Nuisance is any act or omission, which unlawfully annoys or injures the public. An annoyance or injury is public when it is committed in a public place, or against a number of persons, and is, in its nature, calculated to injure or annoy all who come within its influence. The number of persons or families, necessary to constitute the public, is at least three. The principal acts or omissions, which are indictable as nuisances, are these: Keeping a bawdy-house, or house of ill-fame; Keeping a disorderlyhouse, or house where people resort to the disturbance of the public; Eaves-dropping; Wilful exposure of the person in a public place; Keeping a public gaming-house; Public Drunkenness; Public Lewdness; Immoral Exhibitions; Carrying on trades injurious to the public: Obstructing public highways or navigable waters. Read 4 Bl. Comm., pp. 167-169. 2 Arch. Cr. Pr., pp. 980–1023. 2 Whart. C. L., §§ 2362-2428. 1 Bish. C. L., §§ 227, 243, 244, 531, 1071-1151 |