Legal Opinion

Gillman v. State

Supreme Court of Alabama

Decided February 3, 1910PublishedCited by 42 opinions

Abusive, Insulting or Obscene Language. Appeal from Bessemer City Court. Heard before Hon. William Jackson. Mrs. W. P. Gillman was convicted of using' abusive, insulting or obscene language within the hearing or presence of a woman, and she appeals. — Counsel discuss the errors assigned, but without citation of authority.

1Opinion of the CourtSayre, J.

— On her cross-examintion as a witness in her own behalf the defendant was required to answer whether she had been convicted of an assault and battery in the mayor’s court, by which, we take it, was meant that she had been convicted of the violation of an ordinance of the city of Bessemer punishing assault and battery. There are two reasons why this was error:

1. Section 4008 of the Code, relating to the competency and credibility of witnesses as affected by conviction for crime, contemplates only convictions for violations of the state laws, and not conviction's for violations of municipal…

2Cases cited1 opinion

  1. Cheatham v. StateSupreme Court of Alabama · 1877

3Cited by42 opinions

  1. In Re RothrockCalifornia Supreme Court · 1940
  2. Pippin v. StateSupreme Court of Alabama · 1916
  3. Bostic v. United StatesCourt of Appeals for the D.C. Circuit · 1937
  4. Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
  5. Ex Parte MarshallSupreme Court of Alabama · 1922

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