Spears v. State

*111Brady, Tom P., J.

This is an appeal from the Circuit Court of Attala County, where the appellant was indicted, tried and convicted for using obscene, indecent language over the telephone, in violation of Mississippi Code Annotated section 2291.5 (Supp. 1964), as enacted at the 1964 regular session of the Legislature of Mississippi. The appellant was sentenced to serve two years in the state penitentiary. Prom this judgment and sentence the appellant appeals.

Briefly, the pertinent facts in this case are these: On August 10, 1964, at approximately two o’clock in the afternoon, Mrs. W. S. Fowler,…