Thomas v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Trios. M. Arrington. The appellant in this case, Willie Thomas, was indicted, tried and convicted for using abusive, insulting and obscene language in the presence of a female, in or near the dwelling-house of one J. G. Johnson.
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From the City Court of Montgomery. Tried before the Hon. Trios. M. Arrington. The appellant in this case, Willie Thomas, was indicted, tried and convicted for using abusive, insulting and obscene language in the presence of a female, in or near the dwelling-house of one J. G. Johnson. The testimony of the State tended to show that, within twelve months before the finding of the indictment, while engaged in a quarrel with his wife, near the dwelling-house of said Johnson, the defendant used abusive and obscene language, which was heard by Mrs. J. G. Johnson while sitting in her room. And it…
1Opinion of the CourtMcOLELLAN, J.
Appellant was convicted under an indictment for using abusive, insulting or obscene language, in violation of section 4031 of the Code. But one question is *86raised by the record. That was reserved by an exception to the following charge, given at the instance of the State: “The only intention the State is required to prove in this case, is the intention to use abusive, insulting or obscene language, if such language was in fact used in the presence or hearing of a woman.” The exception is untenable. That the charge correctly asserts the law, is so clear in principle, and so fully supported by…
2Cases cited3 opinions
- Bain v. StateSupreme Court of Alabama · 1878
- Henderson v. StateSupreme Court of Alabama · 1879
- Mullens v. StateSupreme Court of Alabama · 1886
3Cited by2 opinions
- Jordan v. StateAlabama Court of Appeals · 1915
- Collins v. StateSupreme Court of Alabama · 1907