Henderson v. State
Supreme Court of Alabama
From the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. The indictment in this case charged that the defendant, -King Henderson, “ upon the public highway, near the premises of James Blackman, and in the presence of Ruthy B. Blackman, a female, did make use of abusive, insulting, or vulgar language, to-wit,” specifying the words. The defendant pleaded not guilty, and issue was joined on that plea.
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From the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. The indictment in this case charged that the defendant, -King Henderson, “ upon the public highway, near the premises of James Blackman, and in the presence of Ruthy B. Blackman, a female, did make use of abusive, insulting, or vulgar language, to-wit,” specifying the words. The defendant pleaded not guilty, and issue was joined on that plea. “On the trial,” as the bill of exceptions states, “James Blackman, the prosecutor, testified, that he lived immediately on the side of the public road leading from Troy to Elba, and…
1Opinion of the CourtStone, J.
We do not think the Circuit Court erred in its rulings in this case. The intention of the statute was to protect the house and family, or any female that might be there, from the annoyance and offense that would be inflicted on them, if abusive, insulting, or vulgar (obscene) language, were uttered in their presence. The places protected against such offense, are the dwelling-house, curtilage thereof, and the public highway near such premises. We think- such language, uttered in a public highway, near enough to the premises to be distinctly heard, and actually heard by the family of the owner…
2Cited by6 opinions
- Holcombe v. StateCourt of Appeals of Georgia · 1908
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- United States v. MalesDistrict Court, D. Indiana · 1892
- Pitts v. StateCourt of Criminal Appeals of Texas · 1924
- Mullens v. StateSupreme Court of Alabama · 1886
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