116 Ga. 543 | Ga. | 1902
The accused was placed on trial upon an indictment charging him with using opprobrious words and abusive language
It appears that, prior to his arraignment on the indictment in the present case, the accused had been tried in the city court of Savannah upon an accusation charging him with having, on the 31st day of April, 1902, used obscene and vulgar language in the presence of females on a street-car, and that the trial on this accusation resulted in an acquittal. It appears, from the evidence introduced on- the trial of the issue framed upon the special plea, that C. S. Waters was the conductor of a street-car, and that the accused had used to him opprobrious words and abusive language ^ /while on the car-; that he then left the car, and, when on the ground, again used language of a similar nature; that what occurred on the car and on the ground constituted one continuous transaction lasting about two minutes; and that the occurrence in which the opprobrious words were used was under investigation in the trial in the city court. It is to be determined whether under this state-of facts the acquittal in the city court operates as a bar to a prosecution under the present indictment. An indictment for using obscene and vulgar language in the presence - of females does not charge the same offense as an indictment which charges one with having used opprobrious words and abusive language tending to cause a breach of the peace. The offenses are separate and distinct.'^ While both offenses are made penal by the same section of the Code (Penal Code, §396), 'they are no less separate and distinct offenses. A person may in one transaction so conduct himself as to • be guilty of both of these crimes. If one uses to and of another opprobrious words and abusive language which is obscene and vulgar, and this is done in the presence of a female, both offenses are committed, though there is only one transaction. In such a case che rule in Blair’s case, 81 Ga. 629, is to be followed. It is there said that if the evidence required to convict under the first indictment would
J'udgment affirmed.