Fuller v. State

Supreme Court of Georgia

Fuller v. State

72 Ga. 213

CourtSupreme Court of Georgia

DecidedSeptember 11, 1883

StatusPublished

Cited by1 cases

This text of 72 Ga. 213 (Fuller 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

Fuller v. State, 72 Ga. 213 (Ga. 1883).

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Opinion

1. Under an indictment for using opprobrious words (Code, §4372), It is incumbent on the state to allege and prove that such words were used without provocation. Proof of the use of opprobrious words alone is not sufficient, without showing the circumstances or in any way proving want of provocation.

(a.) This differs from selling liquor without a license. There the license is held by the defendant and is peculiarly within his knowledge, and he cannot be required to criminate himself; but xinder the present charge, both parties have, equal opportunities to prove the transaction as it occurred.

Judgment reversed.

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1. Under an indictment for using opprobrious words (Code, §4372), It is incumbent on the state to allege and prove that such words were used without provocation. Proof of the use of opprobrious words alone is not sufficient, without showing the circumstances or in any way proving want of provocation.

(a.) This differs from selling liquor without a license. There the license is held by the defendant and is peculiarly within his knowledge, and he cannot be required to criminate himself; but xinder the present charge, both parties have, equal opportunities to prove the transaction as it occurred.

Judgment reversed.

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Bluebook (online)

72 Ga. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-state-ga-1883.

Opinion

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