Bagley v. State

Court of Appeals of Georgia

Bagley v. State

157 S.E. 904, 43 Ga. App. 105, 1931 Ga. App. LEXIS 206

CourtCourt of Appeals of Georgia

DecidedApril 1, 1931

Docket21038

StatusPublished

Cited by1 cases

This text of 157 S.E. 904 (Bagley v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bagley v. State, 157 S.E. 904, 43 Ga. App. 105, 1931 Ga. App. LEXIS 206 (Ga. Ct. App. 1931).

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Opinion

Luke, J.

The only question raised by the record in this case is whether or not the evidence sustains the defendant’s conviction for using profane language in the presence of a female. There is positive evidence that the defendant did use profane language in the presenc of and to a female, and the evidence is conflicting as to whether or not he had sufficient provocation to absolve him from guilt under the statute. In these circumstances the sufficiency of the provocation was a jury question, and this court is without authority to disturb the verdict.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

The only question raised by the record in this case is whether or not the evidence sustains the defendant’s conviction for using profane language in the presence of a female. There is positive evidence that the defendant did use profane language in the presenc of and to a female, and the evidence is conflicting as to whether or not he had sufficient provocation to absolve him from guilt under the statute. In these circumstances the sufficiency of the provocation was a jury question, and this court is without authority to disturb the verdict.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

157 S.E. 904, 43 Ga. App. 105, 1931 Ga. App. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagley-v-state-gactapp-1931.

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