Rollings v. State
Decision Date | 23 April 1903 |
Citation | 136 Ala. 126,34 So. 349 |
Parties | ROLLINGS v. STATE. |
Court | Alabama Supreme Court |
Appeal from Circuit Court, Marshall County; A. H. Alston, Judge.
John Rollings was convicted of using abusive or obscene language in the presence or hearing of a woman, and fined $50, and appeals. Reversed.
The defendant requested the court to give to the jury the following written charges, and separately excepted to the court's refusal to give each of them as asked: The court, at the request of the defendant, gave to the jury several written charges, among which was the following "(2) If, after considering all the evidence, the jury have a reasonable doubt arising out of any part of the evidence as to whether the language used by the defendant was in the presence or hearing of a female, then the jury must find the defendant not guilty."
Street & Isbell, for appellant.
Massey Wilson, Atty. Gen., for the State.
Defendant was tried upon an indictment charging him with using abusive insulting, or obscene language in the presence of a woman. There was evidence tending to show defendant, while intoxicated, uttered the objectionable language on the porch of a dwelling house in which there were women, and that on leaving the house he made a similar utterance while he was between the house and the yard gate. Against objection, a witness examined about the occurrence on the porch was allowed to testify that, in his judgment, the females were near enough to hear the language, and with reference to what defendant said in the yard another witness was allowed to testify that, in his judgment, it could...
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