Collins v. State

Blandford, Justice.

The plaintiff in error was indicted, under section 4372 of the code, for using obscene and vulgar language in the presence of a female.’ Upon being convicted, he moved for a new trial, and upon being denied his motion, he brings the case here and assigns as error the grounds taken in his motion for new trial.

1. The accused moved for a continuance upon the ground of the absence of a witness who had been subpoenaed, by whom he could prove that the female said to accused, “ By God, if your debts were paid, you would not have anything, if it were not for old Elly Warner.” The…