Miller v. State
Alabama Court of Appeals
Appeal from Circuit Court, Eranklin County; C. P. Almon, Judge. Payette Miller was convicted of the offense of using abusive language, and he appeals. The court in its oral charge said: There are two clauses under this indictment drawn under the statute; the first is for the protection of the home and the occupants thereof, and the second is for the protection of woman.
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Appeal from Circuit Court, Eranklin County; C. P. Almon, Judge. Payette Miller was convicted of the offense of using abusive language, and he appeals. The court in its oral charge said: There are two clauses under this indictment drawn under the statute; the first is for the protection of the home and the occupants thereof, and the second is for the protection of woman. The court then made the following remarks to the jury: I did not undertake to say to you that this defendant was guilty either under the first or second clause of this indictment. If a man goes sufficiently near to the…
1Opinion of the CourtBricken, J.
[1 ] On this appeal, which is from a judgment of conviction in the circuit court of Eranklin county for the offense of abusive language, it is insisted that the court erred in several instances in its rulings upon the evidence. A careful examination of these questions, however, convinces us that no error prejudicial to the substantial rights of the defendant appears. This being true, we do not deem it necessary to discuss each question separately and in detail, for it conclusively appears that the defendant was accorded a fair trial, and the case rested upon questions of fact which were…
2Cases cited2 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- Cardwell v. StateAlabama Court of Appeals · 1911