This section contains the nature of the case and procedural background.

Mochan (D) called Louise Zivkovich on the phone and from reading between the lines from the facts apparently called her every name in the book, and suggested every act in the book as well. D was making obscene phone calls to Louise a married woman. D was indicted for intending to debauch, corrupt, embarrass, and vilify Louise, a married woman with an outstanding character in the community. D was a stranger to Louise. D called Louise several times during each week and made lewd, immoral, and obscene remarks to her which included suggestions of intercourse and sodomy. D was tried before the judge and found guilty D appealed on grounds that the conduct charged in the indictment, was not a criminal offense in the State by statute nor did it constitute a misdemeanor at common law.

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