A person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.
(Laws 1833, Cobb's 1851 Digest, p. 786; Code 1863, § 4576; Code 1868, § 4597; Code 1873, § 4694; Code 1882, § 4694; Penal Code 1895, § 103; Penal Code 1910, § 103; Code 1933, § 26-1409; Code 1933, § 26-1306, enacted by Ga. L. 1968, p. 1249, § 1.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 6 Am. Jur. 2d, Assault and Battery, § 44.
Liability for Abusive Language, 16 POF2d 493.
C.J.S.- 6A C.J.S., Assault, §§ 105, 106.
ALR.
- What is "infamous" offense within constitutional or statutory provision in relation to presentment or indictment by grand jury, 24 A.L.R. 1002.
Liability of tort-feasor for consequences of act induced by fear aroused by tort, 35 A.L.R. 1447.
Insulting words as provocation of homicide or as reducing the degree thereof, 2 A.L.R.3d 1292.