Summary
In Columbus v. Williams (1973), 36 Ohio St.2d 7, we reversed a conviction for the alleged violation of R.C. 2905.301, which prohibits the utterance of "obscene or licentious language in the presence or hearing of a female * * *."
Summary of this case from Columbus v. FraleyOpinion
No. 73-149
Decided October 10, 1973.
Criminal law — Prohibition against obscene language — R.C. 2905.301 — Conviction reversed, when.
APPEAL from the Court of Appeals for Franklin County.
Defendant was arrested and charged with violating R.C. 2905.301 which prohibits the utterance of "obscene or licentious language in the presence or hearing of a female * * *."
It is admitted by defendant that she "did speak the word of which she was accused in the affidavit, and that she did so in the presence of" a female.
Defendant was convicted in the Franklin County Municipal Court, and the Court of Appeals affirmed.
The cause is before this court pursuant to an appeal as of right and the allowance of defendant's motion to certify the record.
Mr. James J. Hughes, Jr., city attorney, Mr. Daniel W. Johnson and Mr. Walter Boyuk, for appellee.
Mr. R. Raymond Twohig, Jr., and Ms. Mary Ellen Wynn, for appellant.
The judgment of the Court of Appeals must be reversed on authority of Cohen v. California (1971), 403 U.S. 15, and the defendant is ordered discharged.
Judgment reversed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.