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Presence

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

A question to a witness as to what was said " in the presence " of a person is not objectionable on the ground that explicit proof that it was said in his hearing is necessary. What is said in a person's presence may be presumed to have been in his hearing.

Hochreiter v. People, 1 Keyes, 66.

When obscene and vulgar language is used in the hearing of a female, the words are used in the " presence " of a female, within the meaning of a statute punishing the use of obscene and vulgar language in the presence of a female, without provocation.

Brady v. State, 48 Ga. 311.