Legal Opinion

McClung v. State

Court of Appeals of Georgia

Decided April 9, 1940No. 28245PublishedCited by 2 opinions

1Opinion of the CourtGuerry, J.

1. Where it was shown that a defendant, without provocation, used obscene and vulgar language in the presence of a female, it was not error to fail to give in charge to the jury Code § 26-6303, in its entirety. This is true although the language used was spoken to, as well as in the presence of, the female. It was not communicated to her by writing or printing.

2. A person who calls a female on the telephone, and in speaking to her on the telephone uses obscene and vulg'ar language, is guilty of using such language in her presence, and may be convicted under the section above referred to, if…

2Cited by2 opinions

  1. Taylor v. StateCourt of Appeals of Georgia · 1947
  2. Thompson v. StateCourt of Appeals of Georgia · 1942

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