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Fish v. State

52 S.E. 737, 124 Ga. 416, 1905 Ga. LEXIS 728
CourtSupreme Court of Georgia
DecidedDecember 21, 1905
StatusPublished
Cited by17 cases

This text of 52 S.E. 737 (Fish v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fish v. State, 52 S.E. 737, 124 Ga. 416, 1905 Ga. LEXIS 728 (Ga. 1905).

Opinion

Cobb, P. J.

On the trial of one indicted, for using opprobrious words- and abusive language, it is for the jury to determine whether under all the facts and circumstances the words used were of such a character that the use of them was calculated to cause a breach of the peace, as well as to determine whether there was provocation sufficient to excuse their use. It is therefore error for the judge to instruct the jury as matter of law that the words alleged in the indictment are opprobrious and abusive-within the meaning of the statute, and that a given set of facts would not be a sufficient provocation for their use. Williams v. State, 105 Ga. 608; Echols v. State, 110 Ga. 257; Hanson v. State, 114 Ga. 104.

Judgment reversed.

All the Justices concur. B. E. Lewis, fox plaintiff in error. D. W. Meadow, solicitor-general, and B. W. Moore, contra.

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Cite This Page — Counsel Stack

Bluebook (online)
52 S.E. 737, 124 Ga. 416, 1905 Ga. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fish-v-state-ga-1905.