Legal Opinion

Manning v. State

Court of Criminal Appeals of Texas

Decided February 17, 1897No. 1165PublishedCited by 11 opinions

Appeal from the County Court of Lamar. Tried below before Hon. John W. Rountree, County Judge. Appeal from a conviction for slander; penalty, a fine of $1000, and twelve months’ imprisonment in the county jail.' The slander, as alleged in the information, consisted in a statement made by the defendant, in the presence of J. R. Scott and divers other persons, that he the said Manning ‘ ‘had had repeated sexual intercourse. with the said Any Wilson for about three years; and,…

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Appeal from the County Court of Lamar. Tried below before Hon. John W. Rountree, County Judge. Appeal from a conviction for slander; penalty, a fine of $1000, and twelve months’ imprisonment in the county jail.' The slander, as alleged in the information, consisted in a statement made by the defendant, in the presence of J. R. Scott and divers other persons, that he the said Manning ‘ ‘had had repeated sexual intercourse. with the said Any Wilson for about three years; and, that she, the said Any Wilson had had the clap three times, and that he had caught the clap from her three times. And,…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of slander, and his punishment assessed at a fine of $1000 and twelve months’ imprisonment in the county jail, and prosecutes this appeal. On the trial the court instructed the jury as follows: “If, on inquiry as to the general reputation of the female, the evidence satisfies you beyond a reasonable doubt that her reputation for chastity is bad in the community in which she lives, then you should acquit the defendant; or if you believe that the defendant has established the truth of the alleged statement, then, and in that event, you will also acquit…

2Cases cited1 opinion

  1. Hanners v. McClellandSupreme Court of Iowa · 1888

3Cited by11 opinions

  1. English v. StateCourt of Criminal Appeals of Texas · 1919
  2. Faulkner v. StateCourt of Criminal Appeals of Texas · 1916
  3. State v. BrantonOregon Supreme Court · 1906
  4. Warren v. StateCourt of Criminal Appeals of Texas · 1924
  5. Zysman v. StateCourt of Criminal Appeals of Texas · 1901

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