Stevenson v. State

• Decision Date: 08 October 1892
• Citation: 90 Ga. 456,16 S.E. 95
• Parties: STEVENSON. v. STATE.
• Court: Georgia Supreme Court

16 S.E. 95

90 Ga. 456

STEVENSON.

v.STATE.

Supreme Court of Georgia.

Oct. 8, 1892.

Using Obscene and Vulgar Language in Presence of Female—Sufficiency of Indictment.

The sounder and safer construction of section 4372 of the Code, which makes it a misdemeanor to use obscene and vulgar language in the presence of a female, is that the use of spoken words only is contemplated. But, if the section embraces written as well as spoken words, to render the writing or its contents admissible in evidence on the trial of the accused it is necessary that the indictment should allege that the words were written, and describe with reasonable certainty the instrument of writing which contained them.

(Syllabus by the Court.)

Error from superior court, Catoosa county; T. W. Milner, Judge.

Walter Stevenson was convicted of using obscene and vulgar language in the presence of a female, and brings error. Reversed.

R. J. & J. McCamy, for plaintiff in error.

A. W. Fite, for the State.

Bleckley, C. J. The statute on which the indictment is founded reads thus: "Any person who shall, without provocation, use to or of another, and in his presence, opprobrious words or abusive language tending to cause a breach of the peace, or who shall, in like manner, use obscene and vulgar or profane language in the presence of a female, or by indecent or disorderly conduct, in the presence of females on passenger cars, street cars, and other places of like character, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of this Code: provided, no court in this state shall have jurisdiction to inquire into offenses set forth in this section that are committed in any other place than on passenger cars, street cars, and other places of like character, except upon presentment made, or indictment found, by the grand jury of the county in which the offense has been committed." Code, § 4372, as amended by Act Dee. 29, 1890, (Acts 1890-91. p. 83.) The words charged in the indictment are grossly obscene and vulgar. They are charged as having been used in the presence of a female, naming her. The evidence shows that they were not used otherwise than as follows: The accused was a boy, and the female a girl, attending the same school, of which the teacher was a lady. The boy, in passing by the girl in the schoolroom, threw into her lap a folded note containing the obnoxious words written inside. She, being unable to read the note, handed it to another girl, who carried it to the teacher; all the persons just named then...