Ivey v. State
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Tried before Hon. L. E. Smith. The appellant, Ivey, was prosecuted before the County Court, for a violation of the statute (Code, § 4203), against the use of abusive, vulgar or insulting language in the dwelling-house of another, or upon the curtilage thereof, &e. Having been convicted, he appealed to the Circuit Court,, where he pleaded not guilty. The jury found him guilty and assessed a fine, and judgment was rendered accordingly.
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Appeal from Sumter Circuit Court. Tried before Hon. L. E. Smith. The appellant, Ivey, was prosecuted before the County Court, for a violation of the statute (Code, § 4203), against the use of abusive, vulgar or insulting language in the dwelling-house of another, or upon the curtilage thereof, &e. Having been convicted, he appealed to the Circuit Court,, where he pleaded not guilty. The jury found him guilty and assessed a fine, and judgment was rendered accordingly. The statement filed by the solicitor in the Circuit Court,, charged that within twelve months before the commencement of the…
1Opinion of the CourtBbjckell, C. J.
This prosecution originated in the County Court, and after conviction, was carried by appeal to the Circuit Court. The charge is a violation of the statute prohibiting the use of abusive, vulgar, or insulting language in the dwelling-house of another, or upon the curtilage thereof, or upon the public highway near such premises, and in' the presence of the family of the owner or possessor thereof, or of any member of his family, or of any female. Code of 1876, § 4203. The trial on the appeal to the Circuit Court is de novo, without any indictment or presentment by the grand jury, but the…
2Cases cited1 opinion
- State v. ShawSupreme Judicial Court of Maine · 1850
3Cited by11 opinions
- State v. HamiltonSupreme Court of Florida · 1995
- Craven v. StateAlabama Court of Appeals · 1927
- Joyner v. StateDistrict Court of Appeal of Florida · 1974
- De Mouy v. JepsonSupreme Court of Alabama · 1951
- Cook v. StateSupreme Court of Alabama · 1887
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