McVay v. State
Supreme Court of Alabama
Appeal'from tbe County Court of Lawrence. Tried before the Hon. J. C. Kumpe. The defendant was tried and convicted under an indictment which charged “that before the finding of this indictment Sterling McYav did, in the presence or hearing of a woman, make use of abusive, insulting or obscene language, &c.
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Appeal'from tbe County Court of Lawrence. Tried before the Hon. J. C. Kumpe. The defendant was tried and convicted under an indictment which charged “that before the finding of this indictment Sterling McYav did, in the presence or hearing of a woman, make use of abusive, insulting or obscene language, &c. The testimony showed that the defendant, within the period covered by this indictment, and in Lawrence county, in the presence of one "Whitman and others used abusive language near the dwelling of said Whitman where the latters wife and daughter were at the time. That this was about 8…
1Opinion of the CourtColeman, J.
The defendant was indicted and convicted under section 4031 of the Criminal Code, which reads as follows:. “Any person, who .enters into or goes sufficiently near to the dwelling house of another, and in the presence or hearing of the family of the occupant thereof, or any member of his family, or any person, who in the presence or hearing of any female, uses abusive, insulting, or obscene language, must on conviction,” &c. The first clause of the statute was intended to protect the home, and the use of the language prohibited by the statute in the presence or hearing of the family or the…
2Cases cited3 opinions
- O'Brien v. StateSupreme Court of Alabama · 1890
- Yancy v. StateSupreme Court of Alabama · 1879
- Cox v. StateSupreme Court of Alabama · 1884
3Cited by20 opinions
- Smith v. StateSupreme Court of Alabama · 1913
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Holcombe v. StateCourt of Appeals of Georgia · 1908
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