Fish v. State
| Decision Date | 21 December 1905 |
| Citation | 52 S.E. 737,124 Ga. 416 |
| Parties | FISH . v. STATE. |
| Court | Georgia Supreme Court |
Disorderly Conduct — Question for Jury —Instructions.
On the trial of one indicted for using ofprobrious words and abusive language, it is for the jury to determine whether under all the facts and circumstances the words used were of such character as that the use of them was calculated to cause a breach of the peace, as well as to determine whether there was provocation sufficient to excuse their use. It is therefore error for the judge to instruct the jury as a matter of law that the words alleged in the indictment are opprobrious and abusive within the meaning of the statute, and that a given set of facts would not be a sufficient provocation for their use. Williams v. State, 31 S. E. 738, 105 Ga. 608; Echols v. State, 34 S. E. 289, 110 Ga. 257; Hanson v. State, 39 S. E. 942, 114 Ga. 104.
[Ed. Note.—For cases in point, see vol. 17, Cent. Dig. Disorderly Conduct, § 18.]
(Syllabus by the Court.)
Error from Superior Court, Hancock County; H. M. Holden, Judge.
Isaac Fish was convicted of disorderly conduct, and brings error. Reversed.
R. H. Lewis, for plaintiff in error.
D. W. Meadow, Sol. Gen., and R. W. Moore, Sol., for the State.
COBB, P. J. Judgment reversed. All the Justices concurring.
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Gooding v. Wilson 8212 26
...spend the night.' 'Get the G—- d—- bed rolls out . . . let's see how close we can come to the G—- d—- tents.' Again, in Fish v. State, 124 Ga. 416, 52 S.E. 737 (1905), the Georgia Supreme Court held that a jury question was presented by the remark, 'You swore a lie.' Again, Jackson v. State......
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...shall be commenced after 20 days from the commission thereof."2 Jackson v. State, 14 Ga.App. 19, 80 S.E. 20 (1913).3 Fish v. State, 124 Ga. 416, 52 S.E. 737 (1905). ...
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Lucas v. State
...§ 41--1412, supra. Unlike the standard fixed by the jury in applying the Georgia statute as was exemplified in the case of Fish v. State, 124 Ga. 416, 52 S.E. 737, where the Georgia Supreme Court held that a jury question was presented under the statute by the language: 'You swore a lie,' a......
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Lucas v. State
...F.Supp. (952), at 955--956.' The standard fixed for the jury in applying the Georgia statute was exemplified in the case of Fish v. State, 124 Ga. 416, 52 S.E. 737, where the Georgia Supreme Court held that a jury question was presented under the statute by the language 'You swore a lie.' I......