Johnson v. State
Supreme Court of Alabama
Sencimg Letter Tending to Provoke a Breach of the . Peace. Appeal, from Shelby Circuit Court. Heard before Hon. A. H. Alston. Wiley T. Johnson was convicted of sending a threatening letter tending to provoke a breach of the peace, and he appeals.
Read the full summary
Sencimg Letter Tending to Provoke a Breach of the . Peace. Appeal, from Shelby Circuit Court. Heard before Hon. A. H. Alston. Wiley T. Johnson was convicted of sending a threatening letter tending to provoke a breach of the peace, and he appeals. The first count in the indictment was subject to the demurrer interposed thereto. — Sykes v. The State, 67 Ala. 70. Demurrer should have been sustained to the second count. — Lang-ford v. The State, 45 Ala. 26. The object of an indictment is to- so- state the offense charged as not to leave any doubt to a person of common understanding as to the…
1Opinion of the CourtTyson, C. J.
The defendant was indicted, tried, and convicted for a violation of section 4307 of the Criminal Code of 1896. That section reads as follows: “Any person who sends to another a threatening or abusive letter which may tend to provoke a breach of the- peace must be punished,” etc. The indictment contains two counts, and was perferred on the 3d day of April, 1907. The first charges that defendant, before the finding of the indictment, sent to John Pelham a threatening or abusive letter, which is set out in hfec verba, which may *48tend to provoke a breach of the peace. The second is in the same…
2Cases cited1 opinion
- Yancy v. StateSupreme Court of Alabama · 1879
3Cited by14 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Lacey v. StateAlabama Court of Appeals · 1915
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Kennedy v. StateAlabama Court of Appeals · 1958
- Hochman v. StateSupreme Court of Alabama · 1956
9 more not listed; retrieve them via the Exa API.