Kelly v. State

Kelly was indicted for using profane, obscene, and. vulgar language in the presence of a female, the language used being, “Have sexual intercourse with me.” A demurrer to the indictment was filed upon the ground that it was not alleged that the language was used to or of another. The demurrer was overruled, and the defendant excepted. After a trial, the accused was found guilty, and moved for a new trial on the general grounds. This: motion was overruled, and to this judgment he excepted. . It is. not necessary to allege that profane and vulgar language used in the presence of a female was…