Turney v. State
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Ti-xomas W. Wert. Willis Turney was convicted of using abusive, insulting, or obscene language in the presence or hearing of a female, and he appeals. The evidence for the state tended to show that on Christmas morning Mrs. Sharp was in her lot, across the road from her home, and that the defendant came into the lot and asked if Mr. Sharp ivas at home, and was told that he was not.
Read the full summary
Appeal from Morgan Law and Equity Court. Heard before Hon. Ti-xomas W. Wert. Willis Turney was convicted of using abusive, insulting, or obscene language in the presence or hearing of a female, and he appeals. The evidence for the state tended to show that on Christmas morning Mrs. Sharp was in her lot, across the road from her home, and that the defendant came into the lot and asked if Mr. Sharp ivas at home, and was told that he was not. Another negro was with the defendant, but passed on by the lot and stopped some distance away. The defendant, after being told that Sharp was not at home,…
1Opinion of the CourtMcCLELLAN, J.
Under the influence of Carter v. State, 107 Ala. 146, 18 South. 232, it must be held that the trial court properly submitted to the jury the inquiry whether the language attributed to the defendant by the state’s witness, Mrs. Sharp, was, under the circumstances attending its utterance, within Code, § 6217, insulting. It cannot be ruled that, under all the circumstances, the language-so attributed was not susceptible of a meaning vulgar or lewd, and hence, to a female, insulting.
This trial was had in March, 1909. The defendant demanded a “struck jury.” It was refused him. Upon what authority…
2Cases cited1 opinion
- Carter v. StateSupreme Court of Alabama · 1894
3Cited by3 opinions
- Wiley v. StateAlabama Court of Appeals · 1914
- Jordan v. StateAlabama Court of Appeals · 1915
- Banks v. StateAlabama Court of Appeals · 1914