Disturbing lawful assembly-Camp meetings-Fairs. SEC. 38. DISTURBING LAWFUL ASSEMBLY-CAMP MEETINGS- SEC. 37. If any person shall disturb any religious society or any member thereof, when met or meeting together for public worship, or shall sell or give away any spirituous liquor at any booth, wagon, shed, or open place, or in any building temporarily erected for the purpose of selling therein such liquors within two miles of any collection of a portion of the citizens of this state, convened for the purpose of worship, or shall disturb any collection of the people convened for any lawful purpose, such person shall be fined not exceeding fifty nor less than five dollars, and imprisonment not exceeding thirty days may be added. 2 R. S. 472. SEC. 1. If any person shall erect, bring, keep, continue, or maintain any booth, tent, wagon, huckster-shop, or other place for the sale of intoxicating liquors, cider, beer, or other drinks, or for the sale of any other article whatever, or shall sell or give away any intoxicating liquors, cider, beer, or other drinks, or any other article whatever, or shall keep or exhibit any gaming table, roulette, shuffle-board, faro bank, nine-pin or ten-pin alley, or billiard table, or any other gaming or wagering apparatus, whereby any money or article of value may be lost or won; or any person who may be the owner or proprietor of any real property, or who shall rent or permit the same to be occupied for any such purpose, within one mile of any collection of any inhabitants of this state met together for worship, or any agricultural fair or exhibition, or who shall, by any loud and unnecessary talking, hallowing, or by any threatening, abusive, profane, or obscene language or violent actions, or by any other rude behavior, interrupt, molest, or disturb such religious meeting, or agricultural fair or exhibition, or any person present thereat, or going to or returning therefrom, or who shall, in like manner, molest or disturb any meeting of inhabitants of this state met together for any lawful purpose, shall be fined in any sum not more than twenty-five dollars nor less than five dollars. Disturbing lawful assembly-Camp meetings-Fairs. SEC. 2. The preceding section shall not be construed to include such persons as may carry on their regular business at their usual places of transacting the same, nor persons as may own in fee simple the realty within one mile of the places named in section one of this act, who shall desire to carry on, in his or their own person, the business of providing food for the persons or the stock of those attending the places above named; nor to such persons as may have the permission of those having charge of any such meeting or exhibition, to establish suitable places for the purpose of furnishing food for those attending the same, for horses, cattle, or other stock, 2 R. S. 472, 473. Act March 3, 1859. CHARGES. 1. Disturbing religious meeting. (Sec. 37.) day of in the year That A. B., on the at said county, unlawfully interrupted, molested, and disturbed a certain collection of divers inhabitants of the State of Indiana, then and there met together for religious worship, by then and there unlawfully whistling, stamping with his feet, laughing loudly, whooping, squealing, and shouting. Bicknell's Crim. Pr. 460, 461. 2. Selling liquors. day of in the year That A. B., on the at said county, and within one mile of a certain collection of divers inhabitants of the State of Indiana, then and there met together for worship, at a certain "camp meeting," did unlawfully sell to one C. D. one quart of intoxicating liquor, at and for the price of fifty cents, he, the said A. B., not then and there carrying on his regular business at his usual place of transacting the same, nor being the owner in fee-simple of any realty within one mile of said assembly, upon which said sale was made, or one who then and there desired to carry on in his own person the business of providing food for the persons or stock of those attending said meeting, nor having any license or leave, then and there, to make said sale. FORM AND CONTENTS. Singing school-Lawful assembly-Necessary allegation as to.-In a prosecution under the act of November 30, 1865, for molesting or disturbing a meeting other than those for the purposes specifically Carrying weapons unlawfully. named in said act, the affidavit, information, or indictment should aver that it was a meeting for a lawful purpose, and an affidavit which described the meeting as "a certain collection of divers inhabitants of the State of Indiana, met together as a singing school," was bad on motion to quash. 53 Ind. 360. See 28 Ind. 364. Negative averment.—Where, in a prosecution by affidavit and information, for selling articles in violation of the act "for the better protection of religious meetings, agricultural fairs, and other lawful assemblages of the people" (2 R. S. 472), the affidavit does not negative the existence of facts by which, under section 2 of said act, the seller would be excepted, it is bad, and the information should be quashed, on motion. 50 Ind. 291. Statute construed.-In order to constitute a violation of the statute for the protection of religious meetings, etc. (2 R. S. 472), the sale, not merely of articles specifically named in the statute, but of any other articles, is sufficient, if the circumstances otherwise bring the case within the statute. 33 Ind. 450. Singing school.-An information charging the defendants with disturbing a meeting, met as a singing school, by forcing their way into the house against the rules, and making a great noise by loud. and boisterous talking, was held good. 28 Ind. 364. Same-Definition of crimes.-The act of May 31, 1852, requiring that crimes and misdemeanors shall be defined by statute, etc., is not binding as a rule of legislation. Ibid. Duplicity-Name of society.-An indictment for disturbing a religious society, etc., may charge the defendant, in the same count, with disturbing the society and its members. Such indictment need not state the name of the society. 6 Blackf. 109. Questions for the jury.-In a prosecution for disturbing a religious meeting, the question whether the society is "met together" or dispersed, after the benediction, shall go to the jury, upon proper instructions as to the protection afforded by the statute. Ind. 429. SEC. 39. CARRYING WEAPONS UNLAWfully. 14 SEC. 1. Every person, not being a traveler, who shall wear or carry any dirk, pistol, bowie-knife, dagger, sword in cane, or any other dangerous or deadly weapon, concealed, or who shall carry or wear any such weapon openly, with the intent Rescue Obstructing legal process-Failure to assist in serving process, or avowed purpose of injuring his fellow-man, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars. 2 R. S. 483. Act February 13, 1859. county, unlawfully carried concealed a certain dangerous and deadly weapon, to-wit, a pistol, he, the said A. B., not being then and there a traveler. in the year 2. Carrying weapons openly for the purpose of injury. That A. B., on the day of at said county, unlawfully and openly carried and wore a certain dangerous and deadly weapon, to-wit, a pistol, with the intent and purpose, by him then and there avowed, of shooting and injuring his fellow-man, to-wit, one C. D., then and there being. Bicknell's Crim. Pr. 398. Information held sufficient.-An information for carrying concealed weapons will be sufficient if it substantially follow the language of the statute on that subject, and it need not allege that the defendant unlawfully carried said weapon, or was in the habit of carrying the same, etc. 20 Ind. 106. Constitutional law.—It was held in this case, that the statute of 1831, prohibiting all persons except travelers from wearing or carrying concealed weapons, is not unconstitutional. 3 Blackf. 229. An indictment for carrying a pistol concealed, etc., need not state that the pistol was loaded. 6 Blackf. 31. Evidence-Negative averment.-Under an indictment charging the defendant with carrying a concealed weapon, he not being a traveler, it is not incumbent on the state to prove such negative, the affirmative being matter of defense. 52 Ind. 516, The motive for carrying is immaterial. 7 Blackf. 571. SEC. 20. RESCUE-OBSTRUCTING LEGAL PROCESS-FAILURE to ASSIST IN SERVING PROCESS. SEC. 42. Every person who shall obstruct the execution of any legal process, or who shall forcibly free any person from legal arrest, knowing such person to be under arrest, shall be Rescue Obstructing legal process-Failure to assist in serving process. fined not exceeding ten thousand dollars, or be imprisoned not exceeding six months. 2 R. S. 474. SEC. 45. Every person required by any sheriff, or his deputies, or by any coroner, constable, or any conservator of the peace, to assist him in the execution of his office, or in the service of any process, and failing to obey, shall, upon conviction, be fined in any sum not exceeding one hundred dollars, unless he show a valid cause for not obeying. Ibid. CHARGES. 1. Obstructing legal process. at said county, That on the one A. B. came before C. D., who was then and there a justice of the peace within and for said county, and then and there before said justice made his affidavit in writing, in the words and figures following, to-wit, [here insert the affidavit], and the said 'A. B. was then and there by the said justice duly sworn to, and then and there subscribed the said affidavit; and that thereupon the said C. D., as such justice, then and there issued his warrant and legal process, under his hand and seal, commonly called a search warrant, in the words and figures following, to-wit, [here insert the warrant], and the said C, D., then and there delivered the said warrant to E. F., who was then and there, and still is, one of the constables in and for the township of, in said county, and the said E. F., constable as aforesaid, then and there proceeded to execute said search warrant, and then and there went to the house of G. H., named in said search warrant and legal process, and was then and there about to enter said house to execute said legal process, and that one K. L. then and there unlawfully obstructed the execution of said search warrant and legal process, by then and there standing in the door of said house with a gun pointed at the said E. F., and then and there threatening to blow out the brains of the said E. F., if he advanced a single step, by means whereof the execution of said legal process was then and there unlawfully obstructed and prevented by the said K. L. Bicknell's Crim. Pr. 432, 433. 2. Rescue. day of in the year at said That A. B., on the county, went before C. D., who was then and there a justice of the peace within and for said county, and then and there made his affidavit in the words and figures following, to-wit, [here in |