Supreme Court of Georgia, 1905

Fish v. State

Fish v. State
Supreme Court of Georgia · Decided December 21, 1905 · Cobb
124 Ga. 416; 52 S.E. 737; 1905 Ga. LEXIS 728

Fish v. State

Opinion of the Court

Cobb, P. J.

On the trial of one indicted, for using opprobrious words- and abusive language, it is for the jury to determine whether under all the facts and circumstances the words used were of such a character that the use of them was calculated to cause a breach of the peace, as well as to determine whether there was provocation sufficient to excuse their use. It is therefore error for the judge to instruct the jury as matter of law that the words alleged in the indictment are opprobrious and abusive-within the meaning of the statute, and that a given set of facts would not be a sufficient provocation for their use. Williams v. State, 105 Ga. 608; Echols v. State, 110 Ga. 257; Hanson v. State, 114 Ga. 104.

Judgment reversed.

All the Justices concur. B. E. Lewis, fox plaintiff in error. D. W. Meadow, solicitor-general, and B. W. Moore, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.