Yarbrough v. State

Alabama Court of Appeals

Yarbrough v. State

101 So. 321, 20 Ala. App. 250, 1924 Ala. App. LEXIS 260

CourtAlabama Court of Appeals

DecidedSeptember 2, 1924

Docket8 Div. 185.

StatusPublished

This text of 101 So. 321 (Yarbrough v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yarbrough v. State, 101 So. 321, 20 Ala. App. 250, 1924 Ala. App. LEXIS 260 (Ala. Ct. App. 1924).

Pincite

Opinion

FOSTER, J.

The demurrers are not well taken, and the court did not err in overruling them. A show, to which the public is invited and expected to come, is a public place, within the meaning of the statute (Code 1923, § 3880), punishing one for rude or indecent behavior, and the use of profane language in the presence of a woman at a public place. •

The trial was had before the court, without a jury. The rule is to indulge every reasonable presumption in favor of the finding of the trial court. A careful reading of the evidence brings us to the conclusion that the great weight of the evidence fails to support the charge.

Our judgment is that the defendant should not have been convicted, and that unless the evidence is different on another trial, the defendant should be discharged.

Reversed and remanded.

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FOSTER, J.

The demurrers are not well taken, and the court did not err in overruling them. A show, to which the public is invited and expected to come, is a public place, within the meaning of the statute (Code 1923, § 3880), punishing one for rude or indecent behavior, and the use of profane language in the presence of a woman at a public place. •

The trial was had before the court, without a jury. The rule is to indulge every reasonable presumption in favor of the finding of the trial court. A careful reading of the evidence brings us to the conclusion that the great weight of the evidence fails to support the charge.

Our judgment is that the defendant should not have been convicted, and that unless the evidence is different on another trial, the defendant should be discharged.

Reversed and remanded.

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Bluebook (online)

101 So. 321, 20 Ala. App. 250, 1924 Ala. App. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbrough-v-state-alactapp-1924.