Hays v. State

This is the second appearance of this case before this court. See Hays v. State, 10 Ga. App. 823 (74 S. E. 314). The evidence in both trials was practically the same. In the former decision this court, while reversing the judgment of the court below, held there- was enough evidence to authorize a conviction. It was contended on the first trial that there was no proof for the State that the language used was without provocation, or that the accused knew of the presence of the young lady in whose presence it was alleged to have been used; but it was held that these facts could be shown by…