24 Ga. App. 702 | Ga. Ct. App. | 1920
Lead Opinion
The evidence, with the legal deductions and inferences therefrom, authorized a finding that the defendant violated section 424 of the Penal Code by wilfully interrupting and disturbing a meeting of a public school, lawfully and peacefully held in the schoolhouse for the purpose of social improvement. This is true although the meeting was an entertainment (consisting of recitations, music, and a “play,” by the pupils of the school), given at a time when there was no formal or ordinary session of the school itself for the purpose of instructing the pupils in their usual studies. See, in this connection, Gazaway v. State, 9 Ga. App. 194 (70 S. E. 978); Harwell v. State, 10 Ga. App. 115 (72 S. E. 936).
Judgment affirmed.
Dissenting Opinion
dissenting. I do not agree with the majority view of this case. In my opinion the evidence does not authorize the conviction of the defendant of wilfully interrupting and disturbing a meeting of a public school. Section 424 of the Penal Code is in the following language: “Any person who shall wilfully interrupt or disturb any public school, private school, or Sunday-school, or any assemblage or meeting of any such school, lawfully and peacefully held for the purpose of scientific, literary; social, or religious improvement, either within or without the place where such school is usually held, shall be guilty of a misdemeanor.” The evidence in this case, in my opinion, does not authorize the finding that within the meaning of the statute there was a meeting of a school for the purposes pointed out in the statute. See Harwell v. State, supra. See also in this connection, Kendall v. State, 9 Ga. App. 794 (2) (72 S. E. 164).
