Futch v. State

The defendant was convicted of using obscene, vulgar, and profane language in the presence of a female. There is evidence that the defendant used such language betwen 3:30 and 3 o’clock a. m., in the road, about sixty feet from a dwelling house.. The contention of the State is that a female in the residence heard the language, for she was awake before and after the use of the profanity. The father of the female, who was the principal witness for the State and the prosecutor in the case, testified: “I do not know whether she was awake or not at that time. . .

I can not say of my own knowledge…