Hamilton v. State
Supreme Court of Alabama
Appeal from Clarke County Court. Heard before Hon. Thomas W. Davis. Lamar Hamilton was convicted of using insulting, obscene, and abusive language in the presence of females, and he appeals. The- original affidavit charged that he got off or on- a moving train; also resisted process by an officer and threatened to cut officer with- pocket knife; also cursed in the presence of females.
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Appeal from Clarke County Court. Heard before Hon. Thomas W. Davis. Lamar Hamilton was convicted of using insulting, obscene, and abusive language in the presence of females, and he appeals. The- original affidavit charged that he got off or on- a moving train; also resisted process by an officer and threatened to cut officer with- pocket knife; also cursed in the presence of females. The state was permitted to' amend its affidavit by charging properly that the defendant, in the presence or hearing of a woman, made use of abusive, insulting, or obscene language. Pending the substitution of…
1Opinion of the CourtSimpson, J.
— The appellant was arrested under an informal affidavit charging several offenses, and, among them, that of cursing in the presence of females. At the *65trial the state ivas permitted to amend the affidavit so as to charge that the defendant, “in the presence and hearing of a woman, made nse of abusive, insulting, or obscene language,” which amended affidavit was duly verified. Said affidavit was verified before a notary public, and there is no force in the objection to it on the ground that it was not “verified in open court.” There is no law requiring such affidavits to be verified in open…
2Cases cited3 opinions
- Wright v. StateSupreme Court of Alabama · 1902
- Carl v. StateSupreme Court of Alabama · 1899
- Willis v. StateSupreme Court of Alabama · 1901
3Cited by5 opinions
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Nelson v. StateAlabama Court of Appeals · 1916
- Warrick v. StateAlabama Court of Appeals · 1913
- Davidson v. StateAlabama Court of Appeals · 1912
- Nelson v. StateAlabama Court of Appeals · 1916