Brantley v. State
Brantley v. State
Opinion of the Court
At a bench trial, Thurbert Brantley was convicted of disorderly conduct by reason of having uttered fighting words to Raymond Barksdale. In this appeal of his conviction, Brantley challenges the sufficiency of the evidence. We find the evidence sufficient and affirm.
Under OCGA § 16-11-39 (a) (3),
[a] person commits the offense of disorderly conduct when such person . . . [w]ithout provocation, uses to or of another person in such other person’s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person’s presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words.”
Barksdale is an employee of the City of Macon charged with responsibility for enforcing the municipal code. After Barksdale cited Brantley for violation of a property ordinance, Brantley telephoned Barksdale and made derogatory comments to him. Barksdale refused to talk further. The next day, Brantley confronted Barksdale as he
Viewed in the context in which they were used,
Judgment affirmed.
See generally State v. Klinakis, 206 Ga. App. 318, 322 (1) (d) (425 SE2d 665) (1992).
See Tucker v. State, 233 Ga. App. 314, 316 (2) (504 SE2d 250) (1998); Person v. State, 206 Ga. App. 324 (1) (425 SE2d 371) (1992).
Casey v. State, 267 Ga. 433, 434 (479 SE2d 715) (1997).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.