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11 Ala. App. 176

Banks v. State

Alabama Court of Appeals

Decided June 16, 1914

Alabama Court of Appeals · decided 1914-06-16

Heard before Hon. Ed T. Albritton. Charley Banks Was convicted of using obscene or insulting language in the presence of a female, and he appeals.

Relies on Carter v. State · Turney v. State

Affirmed · Decided 1914-06-16

WALKER, P. J.

¶1It was permissible for the jury to find from the evidence as to the language used by the defendant to Mrs. Russell and the circumstances of its use that it was insulting, within the meaning of section 6217 of the Code. — Turney v. State, 168 Ala. 128, 52 South. 910; Carter v. State, 107 Ala. 146, 18 South. 232; Wiley v. State, 65 South. 204. It follows that the inquiry as to whether what the defendant said bad such an import was properly submitted to the jury, and that the charges requested by him were well refused.

¶2Affirmed.

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