15 Ga. App. 461 | Ga. Ct. App. | 1914
Joe Elmore was convicted on an indictment charging him with using, without provocation, to and of two certain deputy-sheriffs, and in their presence, opprobrious words and abusive language (too. vile to quote here), which would naturally tend to cause a breach of the peace under ordinary circumstances. The language was used by the defendant after he had been arrested by the officers and while he was in their custody. A motion for a new trial, based on the usual general grounds alone, was overruled, and the case came here for determination. Counsel for the plaintiff in error insists, with some degree of plausibility, that since the use of the alleged opprobrious words or abusive language by the defendant was after he had been arrested and while he was in the custody of the officers, the defendant did not thereby violate the statute, since the officers would not be legally justified in assaulting him on account of such words or language, and hence the language complained of could not tend to cause a breach of the peace.
The use, without provocation, to or of another and in his presence, of opprobrious words or abusive language “tending to cause a breach of the peace,” is penalized by section 387 of the Penal Code. Though the words fail to bring about a breach of the peace, the offense is complete if this would nevertheless be their ordinary and natural tendency. The/words of the statute, “tending to cause a breach of the peace,” are words of description, indicating the kind or character of opprobrious or abusive language that is penalized, and the use of language of this character is a violation of the statute, even though it be addressed to one who, on account of circumstances or by virtue of .the obligations of office, can not actually
We do not think it can be logically maintained that if opprobrious words or abusive language which would, under ordinary circumr stances, tend to cause a breach of the peace should be addressed to
If words used would naturally and ordinarily tend to produce a breach of the peace when addressed to a normal man, not prevented by circumstances or physical limitations from properly resenting them by an assault and battery on the person of the offender, surely words of like character when addressed to one who is prevented by the solemn obligations of office from resenting gross insults (and therefore is legally as helpless as a paralytic) would constitute an offense under the statute, where no provocation for them appears. Again, though, on account of circumstances or obligations imposed by office, one may not be able at the time to assault and beat another on account of. such language, it might still tend to cause a breach of the peace at some future time, when the person to whom it was addressed might be no longer hampered by physical inability, present conditions, or official position.
The evident intention of the legislature was to put a ban upon language of such character as would ordinarily and naturally tend to prodirce a breach of the peace, either at the time of. its use or thereafter, even though the conditions existing at the time of its use might render it impossible for such language to produce a breach of the peace at that time; and hence the conviction in this case should be sustained.
Judgment affirmed.