Legal Opinion

City of Fort Payne v. Bouldin

Court of Criminal Appeals of Alabama

Decided May 29, 1998No. CR-97-0509Published

1Opinion of the Court

McMILLAN, Judge.

The City of Fort Payne appeals from the circuit court’s dismissal of harassment charges against the defendant, Virgil Boul-din. The circuit court affirmed the municipal *884court’s dismissal of the charges. According to the City of Fort Payne, the circuit court erred in holding that the harassment statute, § 13A-ll-8(a)(l)b, Ala.Code 1975, applied only to “fighting words” and that it did not apply to obscene language.

The record of the municipal court proceedings indicate the following. On February 11, 1997, Bouldin was sitting at a table in the DeKalb County library next to a…

2Cases cited5 opinions

  1. State v. PoweAlabama Court of Appeals · 1939
  2. Robinson v. StateCourt of Criminal Appeals of Alabama · 1992
  3. State v. GautneyCourt of Criminal Appeals of Alabama · 1977
  4. State v. CagleAlabama Court of Appeals · 1964
  5. City of Mobile v. WelchCourt of Criminal Appeals of Alabama · 1990

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