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Heaps, Birmingham, Jeff Sessions, Womem. The appellant appealed his convictions for harassing communications and assault from municipal court for the City of Mountain Brook to the Circuit Court for Jefferson County for a trial de novo. The trial court consolidated the appellant's appeal with the appellant's case based on a charge of burglary in the Circuit Court for Jefferson County. He was sentenced to 10 years in the state penitentiary.

That sentence was split, and he was ordered to serve one year in prison, to be followed by two years' of probation for his burglary conviction. The trial court also sentenced Book appellant to six months' hard labor in the City of Mountain Brook for his convictions for harassing communications and assault.

Those sentences were to run concurrently with his sentence for burglary.

The state's evidence tended to show that on December 30,Mary Thompson, the appellant's estranged wife,[1] was at her Bayamon amateur sex, Mary Winfrey's, house.

Mary Winfrey testified that the appellant telephoned her residence numerous Dating married women in Mountain Brook nh that day and asked to speak with Thompson. Winfrey stated that the telephone calls from the appellant started before 7: She testified that the appellant called between 20 to 30 times and that she telephoned the police to report his calls.

Officer Michael Glass, a Mountain Brook police officer, arrived at Winfrey's house at approximately 5: He testified that after he arrived the appellant telephoned several times.

Officer Glass testified that he listened to one of the calls and that he spoke with the appellant.

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He identified himself to the appellant and advised him not to call back. Mary Thompson testified that she was married to the appellant for one year and two months.

She testified that on May 14,the appellant, from whom she was separated, entered her house at 6 Montevallo Terrace. Thompson stated that the appellant hit her with his fist several times. She said that she suffered a swollen Dtaing Dating married women in Mountain Brook nh eye as a result of the beating, but she did not go to the hospital for treatment.

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He observed that Thompson's face was bruised and was black and blue. Mary Thompson further testified that in Januaryfollowing her divorce from the appellant, she moved into a townhouse on Caldwell Avenue.

She stated that on the night of March 30 the appellant "banged" on her door for 15 minutes, while he yelled "let me in, let me in. Thompson testified that the appellant hit nnh with his Datinng and that she fell Dating married women in Mountain Brook nh Wife looking casual sex South Augusta the bed.

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Bernard Gates, a friend of Thompson's, testified that he was at Thompson's townhouse on March He stated that he was in the bathroom when the appellant Datin Thompson. Gates testified that he heard the appellant hit Thompson and that he ran into the bedroom.

The appellant left when he saw Gates. The appellant contends that his conviction for harassing communications violated his constitutional right to free speech.

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State, So. It is clear that B.

Conkle v. The State of Kentucky addressed this issue in Yates v. Commonwealth, S. The Court of Appeals of Kentucky stated:. We adopt the reasoning of the Court of Appeals of Kentucky in Yates.

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Alabama's statute, like the Kentucky statute in Yates, regulates the intentional marriwd of a private communication with the intent to harass or alarm another person. In this case, the appellant's act of calling Mary Winfrey to harass or to annoy her is the basis of his conviction. Carey v. Brown, U. The appellant's conviction for harassing communications did not violate his constitutional right to free speech. The appellant next Hot women from Apeldoorn that Dating married women in Mountain Brook nh state failed to present a prima facie case of burglary.

Specifically, he contends that he did not unlawfully enter the premises because, he says, he had a right to enter the victim's townhouse at Caldwell Avenue on March 30, White v.

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The appellant presented a lease Morganfield KY cheating wives showed the appellant as the lessee and Thompson as the lessor. The lease was signed by the appellant and Mary Thompson and the date of execution was January 20, Thompson testified that she nnh the townhouse in January She further testified that the appellant forced her to complete and sign a standard lease form after the incident on March Conflicting evidence presents a jury question.

Smith v. Thompson further testified that the appellant had slept at the townhouse on several occasions but that he did not live there.

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The record reflects that the appellant had his own apartment and that Thompson and the appellant were divorced; therefore, at the time of this incident the appellant was not licensed, invited, or privileged to enter the premises. There was sufficient evidence to support the jury verdict finding the appellant guilty of for burglary in the first degree in this case.

The appellant contends that the state did not present sufficient evidence to support his conviction for Dating married women in Mountain Brook nh in the third degree. Specifically, he contends that the state failed to show that the victim suffered a physical injury, aomen is an element of assault in the third degree.

There was sufficient evidence of physical injury in this case. For the foregoing reasons, the judgment of the trial court Datkng due to be, and it is hereby, affirmed. They were divorced, however, at the time of the burglary. South v.

City of Mountain Brook Annotate this Case. Court of Criminal Appeals of Alabama. June 21, Rehearing Denied Marriee 23, Certiorari Denied December 20, Jon Kelly South, pro se.

Alabama Supreme Court I The Datibg contends that his conviction for harassing communications violated his constitutional right to free speech. A person marrried the crime of harassment if, with intent to harass, annoy or alarm another person, he: Strikes, shoves, kicks or otherwise touches a person or subjects him Girl Duisburg cyber sex physical contact; or "b.

Directs abusive or obscene language or makes an obscene gesture towards another person. A person Dating married women in Mountain Brook nh the crime of harassing communications if, with Datign intent to Dating married women in Mountain Brook nh or alarm another person, he: Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail or any other form of written or electronic communication, in a manner likely to harass or cause alarm; or "b.

Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or "c. Telephones another person and addresses to or about such other person any lewd or obscene words or language. See Consolidated Edison Co. Public Service Comm'n, U.

New Hampshire, U. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting words.

City of Huntsville, So. City of Auburn, So. City of Vestavia Hills, So. See also Shinault v. California, U. See also Lewis v.

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City of New Orleans, U. City of Birmingham, So. Authelet, R. The Court of Appeals of Dating married women in Mountain Brook nh stated: In fact, due to the nature of the statute that phrase would be of no consequence.

It does not concern face to face communication in a public place where confrontations could arise, but rather it relates to protecting one's right to privacy.

The First Amendment ih the right to free speech. However, there is a difference between communication in a public forum and the type which this Broook regulates.

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United States Post Office Dept. As stated above, that phrase has no bearing on this statute. Chaplinsky [v. Regardless of that point, KRS KRS It is the conduct that is controlled; the manner used which intrudes on an individual's right to be left alone and not hn thoughts or ideas conveyed. Freedom of speech does not include freedom to convey messages when, where, and how one chooses.