Burt v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Lawrence Bnrt was convicted under an indictment charging the use of insulting, etc., language in the presence of females, “and violation of the anti-boycott act (Laws 1903, p. 281), and appeals. The first count in the indictment charges the use of insulting, etc., language in the presence of females.
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. Lawrence Bnrt was convicted under an indictment charging the use of insulting, etc., language in the presence of females, “and violation of the anti-boycott act (Laws 1903, p. 281), and appeals. The first count in the indictment charges the use of insulting, etc., language in the presence of females. The other counts are as follows (omitting the formal charging part) : (2) Lawrence Burt used threats to prevent Lilly LeBeau from engaging in a lawful occupation. (3) Lawrence Burt used threats to prevent Lilly Le Beau from engaging…
1Opinion of the CourtMcCLELLAN, J.
in Wooster v. State, 55 Ala. 217, it was ruled that objection for misjoinder of offenses constituting misdemeanors could not be taken by demurrer. In felonies, an essential element, among others, to justify joinder in different counts, is that the offenses belong to the same family of crimes. That rule does not prevail with respect to misdemeanors. — Wooster’s Case, supra.
The indictment contained one count charging the use of abusive, etc., language in the presence of a female (Code 1896, § 4306), and three counts purporting to charge a violation of what is commonly called the “Anti-Boycott…
2Cases cited8 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Wooster v. StateSupreme Court of Alabama · 1876
- Hurst v. StateSupreme Court of Alabama · 1888
- Untreinor v. StateSupreme Court of Alabama · 1906
- Jackson v. StateSupreme Court of Alabama · 1902
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3Cited by4 opinions
- Jackson v. StateSupreme Court of Alabama · 1947
- Boatner v. StateAlabama Court of Appeals · 1913
- Brown v. StateSupreme Court of Alabama · 1938
- United States v. Fong HingDistrict Court, D. Hawaii · 1911