Legal Opinion

Humbard v. State

Court of Appeals of Texas

Decided April 22, 1886No. 3749PublishedCited by 3 opinions

Appeal from the County Court of Dallas. Tried below before the Hon. E. Gr. Bower, County Judge. The conviction in this case was for the slander of R. J. Huckaby, an unmarried female, by imputing to her a want of chastity, the slander consisting of the imputation that the said R. J. Huckaby was unchaste; that Ras Huffman was screwing her; that the said Ras Huffman had been seen in bed with her; that he had been seen on top of her in bed, and that he had been seen getting off…

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Appeal from the County Court of Dallas. Tried below before the Hon. E. Gr. Bower, County Judge. The conviction in this case was for the slander of R. J. Huckaby, an unmarried female, by imputing to her a want of chastity, the slander consisting of the imputation that the said R. J. Huckaby was unchaste; that Ras Huffman was screwing her; that the said Ras Huffman had been seen in bed with her; that he had been seen on top of her in bed, and that he had been seen getting off of her. The penalty assessed against the appellant was a fine of one hundred dollars. W. W. Aulick was the first witness…

1Opinion of the Court

White, Presiding Judge.

This is an appeal from a judgment of conviction for slander under Article 645 of the Penal Code, appellant having been charged with having, maliciously, falsely, and wantonly in the presence of one W. W. Aulick, imputed a want of chastity to one R. J. Huckaby, an unmarried female person.

The slanderous words constituting the alleged imputation are set forth in the indictment as is required in such cases should be done (Willson’s Crim. Forms, No. 403, p. 180), and the indictment sufficiently charges the offense.

Another well established rule is, in such cases, that, “it…

2Cases cited1 opinion

  1. Hardin v. StateTexas Supreme Court · 1861

3Cited by3 opinions

  1. Smith v. StateSupreme Court of Florida · 1920
  2. Evans v. StateCourt of Criminal Appeals of Texas · 1974
  3. Rainwater v. StateCourt of Criminal Appeals of Texas · 1904

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