In Mullen v. State, 67 L. 450, the prosecutor in asserting his rights at a schoolmeeting became, in the language of this Court, "quite noisy and excited." His conception of public duty led him to indulge in what the complainant called "loud language," and for this he was prosecuted under the provisions of the Disorderly Act, which prohibits in "public places" the use of "loud, offensive or indecent language." There was no proof of the indecency or offensiveness of his speech, and this Court held that the uttering of "loud" language was not enough to sustain the complaint.
These considerations, without reference to the other objections presented, lead me to conclude that the judgment of conviction should be vacated, and such will be the order.
STATE v. CAPRIO.
(Before Hon. Fred G. Stickel, Jr., as Magistrate. Nov. 2, 1921).
Prohibition Enforcement Act--Search Warrant--Seizure of Liquor Permits and Certain Liquors.
Case of State against Luigi Caprio. On application to restore property and liquor taken under search warrant issued under the Prohibition Enforcement Act. Before Hon. Fred G. Stickel, Jr., a Judge of the Court of Common Pleas, acting as Magistrate under the Prohibition Enforcement Act.
Mr. Anthony R. Finelli for application.
Mr. J. Henry Harrison, Prosecutor of the Pleas, opposed.