
    The State v. Philip McClure.
    An indictment under the statute to protect religious meetings ( Hart. Dig. Art. 481,) must allege that the congregation was assembled at one < i the places mentioned in the statute.
    Appeal from Fayette.
    
      Attorney-General, for appellant.
   Lipscomb, J.

To this indictment there was a demurrer, and the cause assigned in its support is, that the locus in quo of the offence charged does not come within the provisions of the statute, in any one of the places designated therein, protected from disturbance. The demurrer was sustained, and we are reluctantly constrained to say that there is no error in so sustaining it.' The indictment is evidently bad. If the place mentioned in the indictment was a meeting-house or chappel, so called, or was a religious camp ground, so called, or camp-meeting, or an inclosure, it ought to have been so described. It was unfortunate that the appeal was taken from the judgment on the demurrer. It would have been better for the administration of the law, and the peace and good order of society, if a new indictment had been framed. That course is always best when it can be done, and the ruling of the Court is not clearly and manifestly wrong.

Judgment affirmed.  