Jackson v. State
Court of Appeals of Georgia
Indictment for misdemeanor; from Forsyth, superior court— Judge Patterson. April £7, 1914. William Jackson was convicted under an indictment charging him with a “misdemeanor, for that, on the first day of April in the year 1913, [he] did unlawfully then and there, without provocation, use to and of one Ellen Gourley, and in her presence, the said Ellen Gourley being . . a female, the following opprobrious words, abusive language, obscene, vulgar and profane language, to wit:…
Read the full summary
Indictment for misdemeanor; from Forsyth, superior court— Judge Patterson. April £7, 1914. William Jackson was convicted under an indictment charging him with a “misdemeanor, for that, on the first day of April in the year 1913, [he] did unlawfully then and there, without provocation, use to and of one Ellen Gourley, and in her presence, the said Ellen Gourley being . . a female, the following opprobrious words, abusive language, obscene, vulgar and profane language, to wit: ‘You are a damn liar; you are no more respected than a damn bitch;’ tending to cause a breach of the peace, contrary to…
1Opinion of the CourtRoan, J.
On the trial of one charged with having, without provocation, used to and of a female, and in her presence, “opprobrious words, abusive language, obscene, vulgar and profane language, . . tending to cause a breach of the peace” (Penal Code, § 396), it is peculiarly a question for the jury to determine, from all the facts and circumstances detailed in the testimony and in the defendant’s statement, whether the words set out in the indictment were used, and were of the character alleged, and whether there was provocation sufficient to excuse their use. There was sufficient evidence to authorize…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Georgia · 1898
- Echols v. StateSupreme Court of Georgia · 1899
- Dowling v. StateCourt of Appeals of Georgia · 1910