Dowling v. State

The plaintiff in error was convicted, in the county ■court, of a violation of section 396 of the Penal Code, in that, without provocation, he did use vulgar, obscene, and profane language in the presence of a female. His petition for certiorari was overruled by the judge of the superior court. On his trial he did not deny the use of the words charged against him, nor was any question made as to their objectionable character, but he insisted that they were not used without provocation, and that to authorize a conviction, it was incumbent upon the State to prove that they were used without…