Legal Opinion

Kelly v. State

Court of Criminal Appeals of Texas

Decided May 19, 1897No. 1118PublishedCited by 3 opinions

Appeal from the District Court of Mills. Tried below before Hon. W. A. Blackburn*. Appeal from a conviction for slander; penalty, a fine of $100. Thejindictment charged defendant with slandering Mrs. Anna Lucas. Anna Lucas, the prosecutrix, was defendant’s step-daughter.

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Appeal from the District Court of Mills. Tried below before Hon. W. A. Blackburn*. Appeal from a conviction for slander; penalty, a fine of $100. Thejindictment charged defendant with slandering Mrs. Anna Lucas. Anna Lucas, the prosecutrix, was defendant’s step-daughter. W. T. Lucas testified, that when the prosecutrix was about to marry his son, Bob, her husband, defendant had told him he (witness) had better not let Bob do so, as she had the worst temper of any girl he ever saw; but, as to virtue and chastity, there was no girl more virtuous than she was. That after his son was married to…

1Opinion of the Court

DAVIDSON, Judge.

Conviction for slandering Anna Lucas. The indictment is sufficient. The slander consisted in stating that Anna Lucas was “a bitch, and permitted one Albert Hastins to visit her in bed, and to commit conduct too disgraceful to repeat here.” These charges are equivalent to a charge of a want of chastity. Certainly, if appellant falsely made the charges, he'should be punished. The State proved by several witnesses that appellant made the charges to them. Appellant denied one of the charges, but did not deny the other, and attempted to prove its truth. The jury, however, believed,…

2Cited by3 opinions

  1. Akers v. StateCourt of Criminal Appeals of Texas · 1935
  2. Giles v. StateCourt of Criminal Appeals of Texas · 1931
  3. McCully v. StateCourt of Criminal Appeals of Texas · 1931

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