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Rozier v. State

Rozier v. the State

Rozier v. State, 231 S.E.2d 131 (Ga. Ct. App. 1976)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 5, 1976
Docket
No. 53030
Judges
Bell, Clark, Stolz
Citations
231 S.E.2d 131140 Ga. App. 3561976 Ga. App. LEXIS 1472
Cited by 6 1 descriptions by later courts

Opinion — Bell

Bell, Chief Judge.

The accusation alleged that defendant "did without provocation use to and in the presence of..., a 16-year-old female,. .. abusive and profane language which he knew or should have known by their very utterance would tend to incite an immediate breach of the peace, said language being, to-wit: 'How about some pussy’?, said utterance being in violation of Georgia Code Section 26-2610.” Code § 26-2610 (a) provides: "A person who commits any of the following acts is guilty of a misdemeanor: (a) Without provocation, uses to or of another, in his 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 his presence, naturally tend to provoke violent resentment, that is, words commonly called fighting words.” This statute is very plainly designed to punish "fighting words” which by their utterance tend to incite an immediate breach of the peace. See Gooding v. Wilson, 405 U. S. 518 (92 SC 1103, 31 LE2d 408). The evidence by the state revealed that the defendant made this remark to the victim while the latter was at home with her five-year-old brother. This remark, when considered under the circumstances and in the context in which it was made, did not constitute "fighting words.” Thus, there was no violation of this statute.

Judgment reversed.

Clark and Stolz, JJ., concur.

*357 Lane & Littlefield, Grayson P. Lane, for appellant.

Delman L. Minchew, Solicitor, for appellee.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 6 cases

View all citing references →
1980: 11982: 11987: 11992: 21999: 119802026peak 1992 · 2

Relies on it most ⓘ

  1. Hershfield v. Commonwealth417 S.E.2d 876 (Va. Ct. App. 1992)
  2. Joseph Lamar v. Fred Banks, Warden, Gwinnett County Correctional Institute684 F.2d 714 (11th Cir. 1982)
  3. Lundgren v. State518 S.E.2d 908 (Ga. Ct. App. 1999)
  4. Crolley v. State354 S.E.2d 864 (Ga. Ct. App. 1987)
  5. State v. Klinakis425 S.E.2d 665 (Ga. Ct. App. 1992)
  6. Davis v. State265 S.E.2d 857 (Ga. Ct. App. 1980)

Most recent

  1. Lundgren v. State518 S.E.2d 908 (Ga. Ct. App. 1999)
  2. State v. Klinakis425 S.E.2d 665 (Ga. Ct. App. 1992)
  3. Hershfield v. Commonwealth417 S.E.2d 876 (Va. Ct. App. 1992)
  4. Crolley v. State354 S.E.2d 864 (Ga. Ct. App. 1987)
  5. Joseph Lamar v. Fred Banks, Warden, Gwinnett County Correctional Institute684 F.2d 714 (11th Cir. 1982)
  6. Davis v. State265 S.E.2d 857 (Ga. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Gooding v. Wilson, 405 U.S. 518 (1972) 929

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