Page:The World's Most Famous Court Trial - 1925.djvu/108

104 the offense charged in the indictment must be sufficient in definiteness, certainty and precision to enable the accused to know what offense he is charged with and to understand the special nature of the charge he is called upon to answer; to enable the court to see from the indictment a definite offense, so that the court may apply its judgment and determine the penalty or punishment prescribed by way, and also to enable the accused to protect himself from a second prosecution for the same offense.

"A description distinguishing the offense from all other similar offenses is not required. That degree or precision in the descriptions of the particular offense cannot be given in the indictment so as to distinguish it per se from all other cases of a similar nature. Such discrimination amounting to identification must rest in averment by plea and in the proof; and its absence in description in indictment can be no test of the certainty required either for defense against the present prosecution or for protection against a future prosecution for the same matter."

"The description of a statutory offense in the words of the statute is sufficient, and renders the indictment sufficiently certain if it gives the defendant notice of the nature of the charge against him."

The statute involved in this case, in part, reads as follows:

"Sec. 1—Be it enacted by the general assembly of the state of Tennessee, that it shall be unlawful for any teacher in any of the universities, normals, and all other public schools of the state which are supported in whole or in part by the public school fund of the state, to teach any theory that denies the story of the divine creation of man as taught in the Bible and teach instead that man has descended from a lower order of animals."

The indictment, in part, reads:

"That John Thomas Scopes, heretofore on the 24th day of April, 1925, in the county aforesaid, then and there unlawfully did wilfully teach in the public schools of Rhea county, Tennessee, which said public schools are supported in part, or in whole by the public school fund of the state, a certain theory and theories that denied the story of the divine creation of man as taught in the Bible, but did teach instead there, that man is descended from a lower order of animals, he, the said John Thomas Scopes, being at the time, and prior thereto, a teacher in the public schools of Rhea county, Tennessee, as aforesaid, against the peace and dignity of the state."

(i) In that the act violates Section 8, Article XI of the Constitution of Tennessee which reads as follows:

"Sec. 8—General laws only to be passed; corporations only to be provided for by general laws—The legislature shall have no power to suspend any general law for the benefit of any particular individual nor to pass any law for the benefit of individuals, inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals rights, privileges, immunities or exemptions other than such as may be by the same law, extended to any member of the community who may be able to bring himself within the provisions of such law. No corporation shall be created, or its powers increased or diminished by special laws, but the General Assembly shall provide by general laws, for the organization of all corporations hereafter created, which laws may, at any time, be altered or repealed; and no such alteration or repeal shall interfere with or divest rights which have become vested."

The court is of the opinion that what has been said in discussing Section 8 of the first article of the constitution of Tennessee above, would also be applicable to the objection made under this ground. In the defining and construing individual rights under this section, our supreme court said:

"If the classification is made under this section, everyone who is