A bill of information charged that Alphonse Hertzog, on or about January 1, 1961, “ * * * within the jurisdiction of the Nineteenth Judicial District Court of Louisiana in and for the Parish of East Baton Rouge, then and there being, unlawfully you made a local anonymous telephone call to Mrs. Betty Martrain, wherein you used vulgar language, * *
Although the information did not refer to the statute denouncing the act allegedly committed it appears that the basis therefor was LRS 14:285 (Act 435 of 1954, as amended by Act 121 of 1958) which, in part, recites: “No person shall engage in or institute a local telephone call, conversation or conference of an anonymous nature and therein use obscene, profane, vulgar, lewd, lascivious or indecent language, suggestions or proposals of an obscene nature and threats of any kind whatsoever.”
In a motion to quash the defendant alleged that the information was defective in that the word “vulgar” is too broad and indefinite to have any legal meaning and to properly inform him of the nature and cause of the accusation. Also, he averred that, because of the indefiniteness of such word, the statute on which the charge against him was based is unconstitutional insofar as it denounces the use of vulgar language.
The district judge sustained the motion to quash, he having concluded (to quote from his per curiam) that “ * * * the Bill of Information and that part of the statute which makes it a criminal offense to use vulgar language in such a telephone call are violative of Article 1, Section 10 of the Louisiana Constitution.” And from such ruling the state perfected the instant appeal.
If the language prohibited by LRS 14:285 were described therein as being only that which is “vulgar” such statute would lack the certainty and definiteness that is constitutionally required. “Vulgar” is a general word of many varied meanings as is shown by the numerous definitions thereof listed in Webster’s New International Dictionary, Second Edition, Unabridged, some of which are:
“1. Of or pertaining to the common people or general public, common ; general; ordinary; public; popular.
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“2. Belonging or relating to the common people as distinguished from the cultivated or educated, * * * plebian. * * *
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“4. Of a word or expression, coarse, profane, obscene, or the like.”
However, in the statute involved here the word “vulgar” is accompanied by several specific adjectives which may and should be *787 considered, under the rule noscitur a sociis, as imparting to it a restricted and definite meaning. In Black’s Law Dictionary the rule is declared to be as follows: “It is known from its associates. * * * The meaning of a word is or may be known from the accompanying words. * * * Under this rule general and specific words, capable of analogous meaning, when associated together, take color from each other, so that general words are restricted to a sense analogous to less general. * * * ”
The rule just quoted was recognized in State v. Truby et al.,
With respect to the decision in United States v. Lewis, Seventh Circuit Court of Appeals,
Also in the Truby case we cited State v. Rose,
Later,„ in State v. Saibold,
The above mentioned cases are readily distinguishable from those wherein words of only general meaning were used in describing acts made illegal by the statutes involved. In the latter group are State v. Comeaux,
The word “vulgar” in the statute presently under consideration, unlike the general words referred to in the next preceding paragraph, does not stand alone (as pointed out above) in describing the condemned action. Rather, it is used in connection with specific words capable of analogous meaning, and the import of all of them is readily understandable when they are considered together. Particularly, such word “vulgar” takes color from the accompanying adjectives of obscene, profane, lewd and lascivious; by reason of them it becomes restricted and definite; and such association clearly exhibits that it is to be viewed only in the sense of moral baseness. Therefore, it is our opinion that LRS 14:285, when considered in its entirety as should be done, is not unconstitutional.
But this defendant’s attack on the information itself has merit. That instrument neither makes reference to the involved statute nor tracks its verbiage. It charges only that the defendant used “vulgar language” in the alleged telephone call. As shown above the adjective “vulgar”, standing alone, is indefinite, broad, and susceptible of various meanings. From which it follows that the information itself is defective in that it does not properly inform the defendant of the nature and cause of the accusation against him.
Consequently, we conclude that the district judge correctly sustained the motion to quash, notwithstanding that the statute under which the charge was filed is valid. See State v. Roth,
For the reasons assigned the judgment of the district court quashing the bill of information herein is affirmed.
