Holcombe v. State
Court of Appeals of Georgia
Accusation of misdemeanor, from city court of Cartersville— Judge Foute. .July 3, 1908. ^ Indictment for misdemeanor, from city court of Cartersville— Judge Foute. July 3, 1908. The defendant and other ministers had been carrying on a. series of revival services in what is known as “the tabernacle,”' in Cartersville. On the concluding day, which was Sunday, a large number of people .were in attendance.
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Accusation of misdemeanor, from city court of Cartersville— Judge Foute. .July 3, 1908. ^ Indictment for misdemeanor, from city court of Cartersville— Judge Foute. July 3, 1908. The defendant and other ministers had been carrying on a. series of revival services in what is known as “the tabernacle,”' in Cartersville. On the concluding day, which was Sunday, a large number of people .were in attendance. Services were held at eleven o’clock in the morning, and it was announced that early in the afternoon (either at 2:30 or 3 o’clock) a preacher named Oliver would deliver a lecture “to men…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.) The indictment charged that the defendant did, without provocation, use, in the presence of females, whose names are to the grand-jurors unknown, the following profane, vulgar, and obscene language: “You woman with the big fat rump pointed' towards us, get out of the way.” The defendant demurred, because the language was not profane'; also because it was not obscene and vulgar. The language was not profane, and therefore the use of that word in the indictment was pure surplusage. “Defective allegations do not impair an indictment if, on their being…
2Cases cited19 opinions
- Disharoon v. StateSupreme Court of Georgia · 1895
- Davis v. Central RailroadSupreme Court of Georgia · 1878
- Pierce v. StateSupreme Court of Georgia · 1874
- White v. SikesSupreme Court of Georgia · 1907
- McVay v. StateSupreme Court of Alabama · 1893
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3Cited by37 opinions
- Parmelee v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- State v. EllisonNew Mexico Supreme Court · 1914
- Walter v. DavidsonSupreme Court of Georgia · 1958
- Sherman v. StephensCourt of Appeals of Georgia · 1923
32 more not listed; retrieve them via the Exa API.