Commonwealth v. Linn

Citations

• 158 Pa. 22
• 27 A. 843
• 1893 Pa. LEXIS 1534

Syllabus

<p>Criminal law — •Swearing—Public nuisance — Pleading.</p> <p>Public swearing is a nuisance at common law, but to be indictable it must be in a public place, and an annoyance to the public. The indictment must charge as an essential and an indispensable fact that the profane language was uttered in the presence, and within the hearing, of the citizens present.</p> <p>An indictment charged that the defendants “ did, on the public streets and highways, profanely curse and swear and take the name of God in vain, to the evil example and to the common nuisance of the good citizens of the state of Pennsylvania and contrary to the form of the act of assembly in such case made and provided.” Held, that the indictment could not be sustained either at common law, or under the crimes act of March 81, 1860, § 30, P. L. 392, prohibiting blasphemy, or under the act of April 22, 1794, 3 Sm. L. 178.</p>