Byrd v. Commonwealth

Citations

• 124 Va. 833
• 98 S.E. 632
• 1919 Va. LEXIS 171

Syllabus

<p>1.. Breach op The Peace&emdash;Libel and Slander&emdash;Insulting Language&emdash;• Section 3780-a, Code of 190b.&emdash;In order to constitute an under section 3780-a, Code of 1904, as amended by Acts of 1910, p. 18, 3 Pollard’s Supp., section 3780-a, the insulting words need not be used in the presence of some third person as well as in the presence of the person to or about whom they were spoken. The expression “such person,” in the act, to the person “in the presence or hearing of” whom the insult is offered; and the offense is complete whenever language is spoken to or about another, or about his relations, in his presence and under circumstances calculated to provoke a breach of the peace, regardless of the presence or absence of third' persons.</p> <p>2. Statutes&emdash;Construction&emdash;Title.&emdash;In determining the meaning of a statute, it is proper to refer to the title of the act.</p> <p>3. Breach op The Peace&emdash;Libel and Slander&emdash;Insulting Language&emdash; Section 3780-a, Code of 190b&emdash;Variance.&emdash;Defendant was tried by a justice of the peace upon a warrant charging that he “did on various times in June, 1918, unlawfully slander and abuse Mrs. M. J. Connelly by using vulgar and obscene to and about her.” On appeal to the corporation court, the warrant was amended by adding, after the words quoted, the words “in the presence of her husband, under circumstances’' reasonably calculated to produce a breach of the peace.” The only evidence offered to sustain the warrant showed that had made derogatory and insulting remarks about Mrs. Connelly to her husband, but not in her presence. This evidence was objected to on the ground that it did not tend to prove the offense charged in the warrant, which, as by defendant, was the use of insulting words to Mrs. Connelly in the presence of her husband. This objection was overruled.</p> <p>Held: No error, as the only objection made to the form of the warrant was met by the amendment indicat