{
  "id": 1875611,
  "name": "Hearn vs. The State",
  "name_abbreviation": "Hearn v. State",
  "decision_date": "1879-11",
  "docket_number": "",
  "first_page": "550",
  "last_page": "552",
  "citations": [
    {
      "type": "official",
      "cite": "34 Ark. 550"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 4108,
    "ocr_confidence": 0.415,
    "pagerank": {
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    "sha256": "cda785c6052cbf165afd69bd115f751e8a5b052aa9fa5e09281db24a0a2aa36b",
    "simhash": "1:1b73c57afdee7e4a",
    "word_count": 726
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  "last_updated": "2023-07-14T18:09:16.201435+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hearn vs. The State."
    ],
    "opinions": [
      {
        "text": "English, C. J.\nThis was an indictment in the circuit court of Mississippi county, under the statute known as the peace ancl tranquility act. Gantt\u2019s Dig., sec. 1512.\nThe indictment charged, in substance, that Jeff. A. Hearn, in the county, etc., on the twelfth day of August, 1878, did unlawfully use insulting language towards one John Lamberson, in his presence and hearing, which language, in its common acceptation, is calculated to cause a breach of the peace-.\nThe defendant was found guilty by a jury, and fined $10. A new trial was refused by the court, and he took a bill of exceptions, and appealed.\nI. The evidence conduces to prove that about the time alleged in the indictment, a company of men were working a road in Mississippi county, and at noon stopped for dinner in front of appellant\u2019s house, which was near the road, some of them having brought food with them, and others, living near, going to their homes to eat their dinners.\nAfter dinner, the company assembled in the road in front of appellant\u2019s house, near his yard gate, to resume labor.\nAppellant walked out from his gallery to the gate, with a pistol in his pocket, and said to John Lamberson, one of the company: \u201c Don\u2019t you owe me $2.50?\u201d Lamberson replied: \u201cYes; I owe you for marrying me, and I will pay you in corn.\u201d Appellant responded: \u201cDamn you, and yoiir corn too!\u201d And then, turning to the crowd, said: \u201c Any man that made fun of my dinner is a damned son-of-a-bitch, and his mother is a bastard!\u201d\nLamberson replied: \u201cI have not said so much about your dinner.\u201d\nOther words passed between them, and appellant said: \u201cI learn you have said I was a mean man, and I don\u2019t know what made you say it, unless it was because I married you, and you did not pay me the $2.50 fee.\u201d Lamberson replied : \u201cI did not have the money, but I will pay you in corn.\u201d\nDuring the altercation, Lamberson approached appellant, with his spade in both hands, not uplifted, but so as to be easily used. Appellant had his hand upon his pistol, partly drawn, and Lamberson said: \u201c Don\u2019t draw that pistol on me.\u201d Appellant replied: \u201c If I do, I will use it.\u201d Lambeyson kept close to him, with the spade in his hands, and no fight occurred.\nLamberson testified substantially to the above facts, and stated that he took it that appellant was addressing himself to him when he said: \u201cAny man that made fun of my din-n er is a damned son-of-a-bitch, and his mother is a bastard !\u201d\nThe witnesses agree that he turned to the crowd when he made this offensive denunciation, but it is probable, from all the facts and circumstances in evidence, that ho intended it for Lamberson.\nThe words were calculated to produce a breach of the peace, and very nearly caused a conflict between appellant and Lamberson with pistol and spade, and the verdict was warranted by the evidence.\nII. The' court charged the jury as follows, to which appellant excepted:\n\u201c If the jury find, from the evidence, beyond a reasonable doubt, that the language used by defendant was addressed to a company of men approached by defendant, of which company John Lamberson was one, that said language was intended for the entire company, or John Lamberson individually, and the same was, in its common acceptation, calculated to cause a breach of the peace, etc., they will find defendant guilty.\u201d\nNo doubt when an offensive denunciation is addressed to a company of men, intended to apply to all of them, it may be charged as having been made to all, or any one or more of them.\nThe latter part of the instruction, however, was more appropriate to the facts of this case, but the defendant was not prejudiced by the form in vhich the whole instruction was given. He was rightly convicted on the evidence.\nAffirmed.",
        "type": "majority",
        "author": "English, C. J."
      }
    ],
    "attorneys": [
      "Henderson, Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Hearn vs. The State.\nI. Ckimixal Pleadixg: Using insulting language io a crowd.\nWhen an offensive denunciation is addressed to a company of men, and intended to apply to all of them, it may be charged as having been made-to all, or any one or more of them.\nAPPEAL from Mississippi Circuit Court.\nHon. L. L. Mack, Circuit Judge.\nHenderson, Attorney General, for appellee."
  },
  "file_name": "0550-01",
  "first_page_order": 552,
  "last_page_order": 554
}