
    The State vs. Anderson Taylor.
    Criminal Law. Provoking words not indictable. Uttering opprobrious and provoking words to a person in a public assembly, calculated to produce a breach of the peace, by a party armed with deadly weapons, is not an indictable offence.
    FROM BLOUNT.
    This was an indictment in the Circuit Court of Blount county, for the offence of going about armed with dangerous weapons in a public assembly, and using in reference to a person present, violent and opprobrious language, calculated to produce a breach of the peace. At the May Term, 1856, Judge Alexander presiding, the indictment was quashed, and Attorney General McAdoo appealed in error to this Court.
    Sneed, Attorney General, for the State,
    cited 1 Bish. Cr, L., § 400; 2 L’d Raym.^ 879.
    Trigg and Temple, for the defendant,
    cited 4 Bl. Com. 107, 110; 1 Russ, on Cr. 48; 2 L’d Raym. 1029; 6 East’s R. 470.
   Haems, J.,

delivered the opinion of theCourt

The defendant was indicted in the Circuit Court of Blount county, and on motion, the indictment was quashed by the Court, and the Attorney General on behalf of the State, has appealed in error to this Court The indictment, in substance, charges that defendant, at a public election, having unlawful weapons concealed about his person, for the unlawful purpose of provoking one Hiram Bogle to commit a breach of the peace, did publicly, in the presence and hearing of said Bogle, and divers other good citizens, utter and publish the following unlawful words, to wit: “ Lord Bulldog Bogle is a liar himself, and induces others to swear lies for him, by any means whatever.” “You, (meaning said Bogle,) got Doctor Porter to swear a lie for you. Mary Bogle swore a lie for you;” (Mary Bogle being a sister of said Hiram Bogle,) and other insulting and provoking language, then and there did utter unlawfully, with the intent to provoke him, (the said Hiram Bogle,) to commit a breach of the peace, and to commit an assault on him, the said Taylor, &c. The only question is, was this indictment properly quashed? We think it was. •“ Mere quarrelsome words ” are not a punishable of-fence.”—4 Blackstone, 107. “ Mere words, such as ■calling a man a liar, or a knave, are not necessarily -criminal.”—4 Blackstone top page 110, note seventeen; 2 Raymond 1029; 6 East 470.

Let the judgment be affirmed.  