
    Stamps v. The State.
    • Lumpkin, J. — The language, “ I want to stay here awhile,” addressed by a man to a woman, is not, per se, either obscene or vulgar; and although the indictment charged that by the use of this language the former meant to ask the latter to have sexual intercourse with him, the evidence entirely failed to support this charge; and therefore the conviction of the accused of the offense of using obscene and vulgar language in the presence of a female was contrary to law and evidence, and the court erred in overruling the certiorari.
    
    October 15, 1894.
    
      Certiorari: Before Judge Jenkins. Greene superior court. August term, 1894.
    Stamps was tried in the county court upon an indictment charging that he, a colored person, used to and in the presence of Mrs. McJunkin, a white lady, the following iudecent and vulgar language: “I want to stay here awhile,” that is,in the house with Mrs.McJunkin,“meaning by said language to ask the said Mrs. Sarah M. Mc-Junkin to have sexual intercourse with him; said language then and there tending to cause a breach of the-peace.” He demurred to the indictment, .upon the ground that it set forth no crime, and that the language alleged as being indecent and vulgar was not so in law. The demurrer was overruled. He was found guilty, and the conviction was sustained on certiorari. The State introduced the following evidence: The home of Mrs. McJunkin is in Greene county, about three hundred yards from the public road from Siloam to Veazey. During the morning of February 12, 1894, while she was at home alone, defendant came to her house and asked for a drink of water. She went into the house, got the water and gave it to him. He asked her if her husband was at home. She told him it was none of his business, and ordered him to leave the place. He did not go, but said to her, “I want to stay here awhile.” He came to the house on a mule, and rode round to the back door and asked for the water. While she was getting the water he got off the mule an'd came to the-door, and she handed him the water from the door. At first she did not know who he was. She asked him who-he was, and he said his name was Allen Stamps, that he was Julia Stamps’ son. He staid around there about fifteen or twenty minutes after she ordered him to leave, and then got on his mule and rode ofi‘ Avithout saying .anything. He did not come into the house. The house had been occupied by'negroes prior to the McJunkins moving into it in January, 1894, and there was a negro house on the public road about a half-mile away.
   Judgment reversed.

Edavard Young and Hart & Sibley, for plaintiff in •error. II. G-. Lewis, solicitor-general, by Hines & Eelder and A. II. Davis, contra.  