Lumbkin v. State

Citations

• 12 Tex. Ct. App. 341

Syllabus

<p>Disturbance of the Peace — Evidence.—In a prosecution for using' loud and vociferous, obscene, vulgar and indecent language, cursing, etc., near a private house, the prosecuting witness, over defendant’s objection, was asked by the State if the imputed language was used in a manner calculated to disturb his family, and the witness replied in the affirmative. Held, that the question and answer were improper; that the witness could have testified to the words used, the manner of their use, the tone of voice, etc., leaving it to the jury, whose province it was, to decide whether or not they were calculated to disturb the inhabitants of the house.</p>