Legal Opinion

Golson v. State

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 6 opinions

From the Circuit Court of Chilton. Tried before the Hon. James R. Dowdell. The indictment in this case charged that the defendant, “in the presence or hearing of a tvoman, made úse of abusive, insulting or obscene language, against the peace,” &c.

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From the Circuit Court of Chilton. Tried before the Hon. James R. Dowdell. The indictment in this case charged that the defendant, “in the presence or hearing of a tvoman, made úse of abusive, insulting or obscene language, against the peace,” &c. On the trial, as the bill of exceptions states, Mrs. W. Worden testified on behalf of the State, that the defendant came into her yard, in said county, and in her presence said: “God eternally damn that dog; that if he bit him, he would kill the son of a bitch.” The defendant then asked said witness, “if she was not well acquainted with him, and on…

1Opinion of the CourtMcCLELLAN, J.

Section 4031 of the Code provides that “Any person .... who, in the presence or hearing of any female, uses abusive, insulting or obscene language, must, on conviction, be fined not more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.” Under this statute, it is the jury’s duty to assess the fine (Code, § 4499); and the judge may, in his discretion, *603impose as additional punishment imprisonment in the county jail, or at bard labor for the county, for a term not exceeding six months. — Code, §§…

2Cited by6 opinions

  1. Delk v. CommonwealthCourt of Appeals of Kentucky · 1915
  2. Stanfield v. StateAlabama Court of Appeals · 1912
  3. Vaughn v. StateCourt of Criminal Appeals of Alabama · 1969
  4. Talley v. StateAlabama Court of Appeals · 1915
  5. Pilgrim v. StateAlabama Court of Appeals · 1938

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