Fish v. State
Supreme Court of Georgia
Certiorari. Before Judge Holden. Hancock superior court. September 28, 1905. Fish was tried before a jury in the county court, and convicted,, under an indictment which charged that the accused, “without provocation, did . . unlawfully use to and of one J. W. Hsry,. and in his presence, the following opprobrious words and abusive language: ‘You swore a lie;5 repeatedly using said language; said words and language then and there tending to cause a breach of the peace,” etc.
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Certiorari. Before Judge Holden. Hancock superior court. September 28, 1905. Fish was tried before a jury in the county court, and convicted,, under an indictment which charged that the accused, “without provocation, did . . unlawfully use to and of one J. W. Hsry,. and in his presence, the following opprobrious words and abusive language: ‘You swore a lie;5 repeatedly using said language; said words and language then and there tending to cause a breach of the peace,” etc. The accused, in.his statement to the jury, said that he said to J. W. Usry, “You swore to a lie. You swore that I sold…
1Opinion of the CourtCobb, P. J.
On the trial of one indicted, for using opprobrious words- and abusive language, it is for the jury to determine whether under all the facts and circumstances the words used were of such a character that the use of them was calculated to cause a breach of the peace, as well as to determine whether there was provocation sufficient to excuse their use. It is therefore error for the judge to instruct the jury as matter of law that the words alleged in the indictment are opprobrious and abusive-within the meaning of the statute, and that a given set of facts would not be a sufficient provocation…
2Cases cited3 opinions
- Williams v. StateSupreme Court of Georgia · 1898
- Echols v. StateSupreme Court of Georgia · 1899
- Hanson v. StateSupreme Court of Georgia · 1901
3Cited by17 opinions
- Gooding v. WilsonSupreme Court of the United States · 1972
- Brown v. StateSupreme Court of Florida · 1978
- Skelton v. City of BirminghamCourt of Criminal Appeals of Alabama · 1976
- Hopkins v. First Union BankCourt of Appeals of Georgia · 1989
- Fulton v. Anchor Savings Bank, FSBCourt of Appeals of Georgia · 1994
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