Talley v. State
Alabama Court of Appeals
Abusive or Insulting Language. Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Budd Talley was convicted of using abusive, insulting or obscene language in tbe presence or bearing of a woman, and be appeals. When tbe intent is tbe material issue in tbe case, a party may be asked tbe direct question as to wbat was bis intent at tbe particular time. — 115 Ill.
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Abusive or Insulting Language. Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Budd Talley was convicted of using abusive, insulting or obscene language in tbe presence or bearing of a woman, and be appeals. When tbe intent is tbe material issue in tbe case, a party may be asked tbe direct question as to wbat was bis intent at tbe particular time. — 115 Ill. App. 549; 63 Md. 239; 69 N. Y. 101; 62 Wis. 251; 8 Fed. 231; 153 Mass. 148. Tbe court was in error in permitting it to be shown that tbe prosecutrix was a member of tbe cburcb. — TarJdngton v. The State, 40 South.…
1Opinion of the CourtThomas, J.
“Whatever be the rule elsewhere, it is well settled in this state that witnesses are not permitted to testify to their motive, belief, or intention, when secret and uncommunicated; such mental status, when relevant, being a matter of inference to be determined” by the jury from all the facts and circumstances of the case.—Brown v. State, 7 Ala. App. 28, 61 South. 13; Harris v. State, 8 Ala. App. 33, South. 477; Hardin v. State, 8 Ala. App. 215, 63 South. 18; McCormick, et al. v. Joseph, et al., 77 Ala. 240, and cases cited in the report of this case in 48 Ala. Beports Annotated. Consequently,…
2Cases cited12 opinions
- Hussey v. StateSupreme Court of Alabama · 1888
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- McQuirk v. StateSupreme Court of Alabama · 1887
- Harris v. StateAlabama Court of Appeals · 1913
- Watson v. StateSupreme Court of Alabama · 1913
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3Cited by2 opinions
- Hutchins v. City of Alexander CityCourt of Criminal Appeals of Alabama · 2000
- Holcombe v. StateAlabama Court of Appeals · 1919