Talmadge v. State

ANDREWS, Presiding Judge.

Herman Eugene Talmadge III was found guilty by a jury of using “fighting words” without provocation to and in the presence of Wilbur Roberts in violation of the misdemeanor disorderly conduct provisions of OCGA§ 16-11-39 (a) (3). Talmadge claims that the trial court erred by excluding evidence of provocation. Because we find that the trial court erroneously excluded evidence relevant to Talmadge’s claim that there was provocation sufficient to excuse his use of the fighting words, we reverse.

Under OCGA§ 16-11-39 (a) (3),

[a] person commits the offense of disorderly…