Legal Opinion

Foreman v. State

Court of Criminal Appeals of Texas

Decided January 25, 1893No. 1PublishedCited by 5 opinions

Appeal from the County Court of Kaufman. Tried below before Hon. John Veasey, County Judge. Appellant was tried in the court below upon an information which charged, “ That Dan Foreman did, in the county of Kaufman, and State of Texas, on or about the 24th day of September, A. D. 1891, in the presence and hearing of D. C. Crain, curse, abuse, and use violently abusive language to said D. C. Crain, concerning him, under circumstances reasonably calculated tó produce a breach…

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Appeal from the County Court of Kaufman. Tried below before Hon. John Veasey, County Judge. Appellant was tried in the court below upon an information which charged, “ That Dan Foreman did, in the county of Kaufman, and State of Texas, on or about the 24th day of September, A. D. 1891, in the presence and hearing of D. C. Crain, curse, abuse, and use violently abusive language to said D. C. Crain, concerning him, under circumstances reasonably calculated tó produce a breach of the peace,” etc. A motion was made to quash the information, because it did not give the language used by defendant,…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of the offense of having, in the presence and hearing of D. C. Crain, cursed, abused, and used violently abusive language to said Crain, concerning him, under circumstances reasonably calculated to provoke a breach of the peace, and was fined in the sum of $5, from which he appeals.

We see no error in the information. It correctly charges the offense. It was not necessary to set out the abusive language. Under article 314, Penal Code, it is only necessary to allege that the language was loud and vociferous, obscene, vulgar, or indecent, or that defendant…

2Cited by5 opinions

  1. Bradfield v. StateCourt of Criminal Appeals of Texas · 1914
  2. Rudy v. StateCourt of Criminal Appeals of Texas · 1917
  3. Carpenter v. StateCourt of Criminal Appeals of Texas · 1923
  4. Diggs v. StateCourt of Criminal Appeals of Texas · 1911
  5. Green v. StateCourt of Criminal Appeals of Texas · 1913

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