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63 Ala. 193

Henderson v. State

Supreme Court of Alabama

Decided December 15, 1879

Supreme Court of Alabama · decided 1879-12-15

From the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. The indictment in this case charged that the defendant, -King Henderson, “ upon the public highway, near the premises of James Blackman, and in the presence of Ruthy B. Blackman, a female, did make use of abusive, insulting, or vulgar language, to-wit,” specifying the words.

Good law ✅— No negative treatment on recordhow we know

Decided 1879-12-15

How this case has been cited

Cited by 5 later decisions — most recently October 1908

4 state decisions

301879188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, J.

¶1We do not think the Circuit Court erred in its rulings in this case. The intention of the statute was to protect the house and family, or any female that might be there, from the annoyance and offense that would be inflicted on them, if abusive, insulting, or vulgar (obscene) language, were uttered in their presence. The places protected against such offense, are the dwelling-house, curtilage thereof, and the public highway near such premises. We think- such language, uttered in a public highway, near enough to the premises to be distinctly heard, and actually heard by the family of the owner of the premises, or by any member thereof, &e., must be regarded as uttered in their presence, under section 4203 of the Code of 1876.

¶2The judgment is affirmed.

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