Peters v. State
| Decision Date | 16 June 1937 |
| Docket Number | 26287. |
| Citation | 192 S.E. 84,55 Ga.App. 870 |
| Parties | PETERS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
The use of the words "God damned" in the presence of a female is punishable under statute (Code 1933, § 26-6303).
In prosecution for using obscene, vulgar, and profane language in presence of a female, it is not necessary that exact words charged in indictment be proved (Code 1933, § 26-6303).
Where defendant was charged with having said "God damn all white people ought to be killed," and "Damn you and your wife and children too," permitting proof that on the occasion referred to in indictment defendant said "You are a God damned lie," was not error (Code 1933, § 26-6303).
Where indictment charged and evidence disclosed that defendant said "God damn all white people ought to be killed" and "Damn you and your wife and children too," additional statement, "You are a God damned lie," held admissible as part of res gestæ where made at same time (Code 1933, § 26-6303).
Proof of a witness' character for violence is not proper method of impeachment (Code 1933, § 38-1804).
In prosecution for using obscene, vulgar, and profane language in presence of a female, refusing to allow prosecutor to answer cross-examination question as to whether he ever had "any trouble before, scraps, fights and that sort of thing" was not error, since, even if proof of witness' character for violence is proper method of impeachment, answer to question would not illustrate witness' character for violence (Code 1933, § 38-1804).
Refusing to permit defendant's counsel to propound cross-examination question regarding a specific act of violence on part of prosecutor was not error, even though prosecutor had previously stated that his character for violence was good (Code 1933, § 38-1804).
Evidence sustained conviction for using obscene, vulgar, and profane language in the presence of a female (Code 1933, § 26-6303).
Error from Superior Court, Morgan County; James B. Park, Judge.
J. H Peters was convicted of using obscene, vulgar, and profane language in the presence of a female, and he brings error.
Affirmed.
Roberts & Roberts, of Monroe, for plaintiff in error.
C. S Baldwin, Jr., Sol. Gen., of Madison, for the State.
Syllabus OPINION.
Defendant was convicted of using obscene, vulgar, and profane language in the presence of a female. He excepts to the overruling of his motion for new trial as amended.
1. Under Code, § 26-6303, "any person who shall, without provocation. * * * use obscene and vulgar or profane language in the presence of a female * * * shall be guilty of a misdemeanor." The use of the words "God damned" in the presence of a female is punishable under this section.
Foster v. State, 99 Ga. 56 (2), 25 S.E. 613.
2. It has been repeatedly held that on the trial of an indictment under this section it is not necessary that the exact words charged in the indictment be proved. "If some of the words be proved as laid, and the words so proved amount to an indictable offense, it will be sufficient." Sherrer v. State, 17 Ga.App. 335, 86 S.E. 735. Consequently it was not error, where the defendant was charged with having said, "God damn all white people ought to be killed," and, "Damn you and your wife and children too," for the judge to allow proof that on the occasion referred to in the indictment, the defendant said, "You are a God damned lie."
(a) Nor was this evidence inadmissible because it also disclosed that at the same time and on the same occasion the defendant used the language set out in the indictment. Among other reasons, it was admissible as part of the res gestæ.
3. On the trial the prosecutor was the first witness for the State and testified to the circumstances under which the defendant used the language set...
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