Miller v. State

Appellant was convicted, before a justice of the peace, on a charge of profanity. He appealed to the circuit court, where he was again convicted, and fined one dollar.

He appeals to this court, where he makes the following assignment of error:

“ The court erred in overruling the appellant’s motion for a new trial.”

He moved for a new trial, “ because the court erred in refusing to allow the defendant (appellant) to give in evidence a record of conviction of said defendant for riot, before Justice Personett, of which riotous transaction the alleged profanity formed a part.”

He says, in his brief,…