Banks v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. Ed T. Albritton. Charley Banks Was convicted of using obscene or insulting language in the presence of a female, and he appeals.
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Appeal from Andalusia City Court. Heard before Hon. Ed T. Albritton. Charley Banks Was convicted of using obscene or insulting language in the presence of a female, and he appeals. Mrs. Russell testified that she was at home, and that the defendant came in, and after inquiry and reply that Mr. Russell was not at home, he came in the room where she was getting dinner, and asked her if she and him could not make it all right, and she asked him what he said, and he repeated it; that she then asked him what he meant, and he replied, “You know what I mean,” and I said, “I am not that kind of…
1Opinion of the CourtWalker, P. J.
It was permissible for the jury to find from the evidence as to the language used by the defendant to Mrs. Russell and the circumstances of its use that it was insulting, within the meaning of section 6217 of the Code. — Turney v. State, 168 Ala. 128, 52 South. 910; Carter v. State, 107 Ala. 146, 18 South. 232; Wiley v. State, 65 South. 204. It follows that the inquiry as to whether what the defendant said bad such an import was properly submitted to the jury, and that the charges requested by him were well refused.
Affirmed.
2Cases cited3 opinions
- Carter v. StateSupreme Court of Alabama · 1894
- Wiley v. StateAlabama Court of Appeals · 1914
- Turney v. StateSupreme Court of Alabama · 1910