Legal Opinion

Stayton v. State

Court of Criminal Appeals of Texas

Decided February 17, 1904No. 2763PublishedCited by 3 opinions

Appeal from the County Court of Young. 'Tried below before Hon. Jo. W. Akin. Appeal from a conviction of slander; penalty, a fine of $150. The following statement of the case is taken from the appellant’s brief and is substantially correct: The appellant was indicted on February 13, 1903, by the grand jury of Young County, for slander, by imputing the want of chastity to Mrs. Mollie Stayton, his wife, the charging part of the indictment being as follows: “He, the said Joe…

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Appeal from the County Court of Young. 'Tried below before Hon. Jo. W. Akin. Appeal from a conviction of slander; penalty, a fine of $150. The following statement of the case is taken from the appellant’s brief and is substantially correct: The appellant was indicted on February 13, 1903, by the grand jury of Young County, for slander, by imputing the want of chastity to Mrs. Mollie Stayton, his wife, the charging part of the indictment being as follows: “He, the said Joe Stayton, did then and there, in the presence and hearing of G. P. Moore and divers other persons, falsely, maliciously and…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of slander, and his punishment assessed at a fine of $150; hence this appeal.

Appellant insists that the court erred in permitting the State to prove the conversation had by defendant with witness Damons, to the effect that in January or early in February 1903, defendant came to him in his house and said to witness that he could not keep his cattle any longer; that witness must take them back; that defendant was compelled to leave the country and separate from his wife; that he had scriptural grounds for the separation. This was objected to by appellant…

2Cases cited5 opinions

  1. Ormsby v. . DouglassNew York Court of Appeals · 1868
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1893
  3. Baxter v. StateCourt of Criminal Appeals of Texas · 1895
  4. Collins v. StateCourt of Criminal Appeals of Texas · 1898
  5. Whitehead v. StateCourt of Criminal Appeals of Texas · 1898

3Cited by3 opinions

  1. Curl v. StateCourt of Criminal Appeals of Texas · 1912
  2. Roberts v. StateCourt of Criminal Appeals of Texas · 1907
  3. Butler v. StateSupreme Court of Alabama · 1909

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