Wiley v. State
Alabama Court of Appeals
Appeal from-jvlorgan Law and Equity Court. . Heard before Hon. Thomas'W. Wert. Vest Wile'y was convicted of using abusive, insulting, or obscene language in the presence, or within the hearings<óf a female, and appeals. Tl^record shows a demurrer sustained to the affidavit' but does not show either the affidavit or the demurrer. The record further shows an amended affidavit; the amendment being made before the judge of the law and equity court.
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Appeal from-jvlorgan Law and Equity Court. . Heard before Hon. Thomas'W. Wert. Vest Wile'y was convicted of using abusive, insulting, or obscene language in the presence, or within the hearings<óf a female, and appeals. Tl^record shows a demurrer sustained to the affidavit' but does not show either the affidavit or the demurrer. The record further shows an amended affidavit; the amendment being made before the judge of the law and equity court. The words attributed to the defendant by Mrs. Johnson were: “Say, young lady, do you know of any woman that would let a fellow have a little pussy?”…
1Opinion of the CourtWalker, P. J.
The record not setting out the original complaint against the appellant nor showing before whom it was made, it may be presumed that the complaint upon which he Avas tried was but an amendment of the original one, allowed.in the law and equity court after the case was brought into it by appeal. It was permissible to alloAV the complaint to be amended in such a case. But, whether the substitution of another complaint was properly allowed or not, no ruling of the court in that regard is shown by the record proper. As it appears here only in the bill of exceptions, it is not presented for…
2Cases cited5 opinions
- Simpson v. StateSupreme Court of Alabama · 1895
- Wright v. StateSupreme Court of Alabama · 1902
- Carter v. StateSupreme Court of Alabama · 1894
- Jackson v. StateSupreme Court of Alabama · 1897
- Turney v. StateSupreme Court of Alabama · 1910
3Cited by8 opinions
- Ruffin v. StateSupreme Court of Arkansas · 1944
- Maxwell v. StateAlabama Court of Appeals · 1918
- Thacker v. StateSupreme Court of Alabama · 1931
- Jordan v. StateAlabama Court of Appeals · 1915
- Talley v. StateAlabama Court of Appeals · 1915
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