Jackson v. State

The defendant was indicted under section 387 of the Penal Code, the indictment charging him with using opprobrious language to and of another and in his presence, without provocation, tending to 'a breach of the peace. On his trial he was convicted, and, the court overruling his motion for a new trial, he assigns error thereon. The main ground of his motion was that the court erred in instructing the jury that if they should find that the defendant used to and in the presence of Gordon Youmans the words set out in the indictment, to wit, “God damn you, why don’t you get o.ut of the road?”…