104 Ga. 743 | Ga. | 1898
Lead Opinion
Judgment affirmed.
Dissenting Opinion
dissenting. The presentment charged that the accused disturbed a congregation of persons lawfully assembled for divine service “at” Concord Church, a Primitive Baptist church, etc. The testimony of all the witnesses was, that no divine services were held at such church on the day the disturbance occurred; that no congregation was assembled at the church on that day for divine services, but that a Baptist association was being held at the time at a bush-arbor, about two hundred yards distant from the' church; that the cursing and fighting with which the accused was charged took place at or near the arbor, and that the congregation disturbed was the one assembled at the arbor. The witnesses all testified that the