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.S.A. 75:48, is both nonsensical and unconstitutionally vague. In the first place, the statute is directed at a threat of injury to a designated individual. The only victim of such threat is the person to whom the threat is made. It is the contents of the threat which are mischievous to property or to a person. Of course, a threat which a jury could reasonably regard as inimical to the personal safety of the threatened individual could constitute criminal conduct.[2]
Secondly, the statute is void for vagueness because it fails to establish any ascertainable standard of guilty conduct. The only thing which the statute establishes is that it is unlawful for a person to make a threat of injury, where the person making the threat is not a licensed attorney and the threat is not made in the presence of a certain individual designated by the legislature. Because of the nature of the statute, the words themselves will often be very ambiguous and indefinite. For example, a telephone caller, merely because he is not a licensed attorney, is subject to criminal prosecution. If he makes a threat, over the telephone, and the threatened party happens to be a police officer, does the caller make a threat of injury or does he merely express an opinion, which is protected by the First Amendment? „If I say to you that you are a Negro I will beat you up. Your mother is a Negro. What are you going to do about it?“ Which of these statements is a threat of injury? The fact that a statute may be vague and indefinite in some respects is not sufficient to render it unconstitutional, as long as it meets the minimum standards of due process as required by both the Federal and State Constitutions. Daugherty v. Town of Harrison, 116 W.Va. 295, 180 S.E. 860 (1935); State v. Starkey, 117 W.Va. 691, 186 S.E. 631 (1936).
But even if the words of the statute are not vague and indefinite, it still must be held invalid because it constitutes an unconstitutional encroachment upon First Amendment freedoms. Such a
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