Laney v. State

• Decision Date: 07 February 1895
• Citation: Laney v. State, 105 Ala. 105, 17 So. 107 (Ala. 1895)
• Parties: LANEY v. STATE.
• Court: Alabama Supreme Court

17 So. 107

105 Ala. 105

LANEY v. STATE.

Supreme Court of Alabama

February 7, 1895

Appeal from circuit court, Calhoun county; Le Roy F. Box, Judge.

Z. A Laney was convicted of violating Cr. Code, § 4031 prohibiting the "use of abusive, insulting or obscene language in the presence or hearing of any female," and appeals. Affirmed.

S. D G. Brothers, for appellant.

Wm. C Fitts, Atty. Gen., for the State.

COLEMAN J.

The defendant was convicted for a violation of section 4031 of the Criminal Code, which prohibits the "use of abusive insulting or obscene language in the presence or hearing of any female," etc. The evidence shows that the defendant, in company with two others, was riding along the public road, when he made use of profane and obscene language; that there were two ladies in a hack, traveling in the same direction, from 15 to 30 yards in his rear; and that the language used was heard by them. The defendant testified that he did not know that the hack was near them, or that there were any females present or within hearing distance, and this evidence was not controverted. Upon these facts the defendant requested the court to charge the jury, substantially, that if he did not know of the presence of any females, and had no...