Meaders v. State

Simmons, Chief Justice.. 1. The plaintiff in error was indicted under section 4372 of the code, which declares that.“any person who shall, without provocation, use to or of another, and in his presence, opprobrious words, or abusive language tending to cause a breach of the peace, . . . shall be guilty of a misdemeanor,” etc. In order to convict under this section, the State must prove that the words were used without provocation; and if the accused defends on the ground that he had provocation, this defense raises an issue which must be submitted to the jury. The evidence in this case shows…