The Montgomery advertiser., 1902-07-19
ApAIR .v. THE sTATE.

ADAIR V. THE STATE.
 | Indictment for disturbing religious wor- | ship.---Appeal from the Circuit Court
 of Marshall
 i. Indictment for disturbing religious worship; admissibiiity of evidence.-on a trial under an indictment for disturb ing religious worship. where 1t Is shown that the assemblage of people charged to have been disturbed had met for an "ali day singing and preaching It Is com petent for the State to introduce in evil denca, the conduct and deciaratione of the defendant at different times covering the period occupied in the singing exercises and preaching; such evidence tending to show wiilfulness on the part of the de-
 fendant In the doing of any act which disturbed the assemblage.
 g. Same what persons constitute part of an assenhbiage; question for the jury. -Jndef an indictment for disturbing re- iigious worship. where 1t is shown that the assembiage of propier charged to have been disturbed had met for the purpose of holding singing and preaching exer- clses. and the only evidence of any dis
 9urbance was of persons without the house where the exercises were conduct ed, whether such persons at the time of the alleged disturbance constituted part, of the assembiage met for religious wcr- shlp is a question of fact for the deter mlnation of the jury,
 g. Same; same; same.--In such case. if the persons without the house had separated themselves from those within and no longer participated in the reii- gious exercises for which the ccngrega- ton had met. and had no intention to again participate therein. and was not engaged in the discussion of other mat ters. then the disturbance of one or more of such persons would not come witbin the prohibition of the statute: but the separation or withdrawal from the as- scmblage of one or more persons tenn porarily and for personal comfort or the like, with the intention of returning, they still being at the place of worship. con-. sttute such person or persons d. part of the assen1hlage and their disturbance Is within the prohibition of the statute.
 4 Same: what constitutes offensc.-An assemblage of persons met solely for the purpose of instruction as to how to be able to sing religious songs. is not an assemblage met for purposes of religious worship. within the meaning of the statute. prohibiting the disturbing Of re- ligious worship. Code, Sec. e654)
 B Disturbing religious worship; charge to the jury.--ons trial under an indct- ment for disturbing religious worship. a charge Is erroneous and properly refused which lnstructs the jury that Disturb ance of some person or persons at or near an assemblage met for the purpose of religious worship who Is not at the time taking any part in the worship nor giving any attention thereto would nat constitute disturoance of the assemb- 1age."
 6. Same: same.--on trial under an indictment for disturbing religious wor- ship. . charge is erroneous and properly refused which instructs the jury that the presumption in case of this character is that persons, sitting on the outside of a house in which an assemblage is met for the purpose of religious worship engaged in conversation not connected with the religious worship are not part of the as- semblage," the law indulging no such pre- sumption as stated in said charge.
 z. Misleading and argumentative | charges are properly refused.
 Reversed and remanded.
 Opinion by Dowdell J.