Legal Opinion

Bell v. State

Texas Supreme Court

Decided July 1, 1860PublishedCited by 17 opinions

Appeal from Wood. Tried below before Hon. C. A. Frazer, This was an indictment against George W. Bell, charging him with an assault and battery upon Mrs. George W. Bell, a female. The defendant filed exceptions to the indictment, which were overruled; and pleaded “ not guilty.” The defendant and Mrs. George W. Bell were husband and wife. Mrs. Bell's proper Christian name was “ Sallie,” and by that name was she commonly called about the house and family of the defendant.

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Appeal from Wood. Tried below before Hon. C. A. Frazer, This was an indictment against George W. Bell, charging him with an assault and battery upon Mrs. George W. Bell, a female. The defendant filed exceptions to the indictment, which were overruled; and pleaded “ not guilty.” The defendant and Mrs. George W. Bell were husband and wife. Mrs. Bell's proper Christian name was “ Sallie,” and by that name was she commonly called about the house and family of the defendant. As stated in the opinion of the court, it was in proof that she was otherwise known and called. Sometimes was called Sally…

1Opinion of the Court

Bell. J.

The court below instructed the jury as follows: “ If George W. Bell is the name of the defendant, you are instructed that his Avife is correctly named and described when called Mrs. George W. Bell.” We are of opinion that there Avas error in this instruction. By it the judge decided, as matter of law) Avhat was the name of the defendant’s wife, whereas, it ought to have been submitted to the jury, as matter of fact, to be decided by them upon the evidence. It is true that in polite society, it is fashionable to designate a married woman by her husband's name; and not unfrequently she…

2Cited by17 opinions

  1. Bishop v. StateTexas Supreme Court · 1875
  2. Stokes v. StateCourt of Criminal Appeals of Texas · 1904
  3. Burke v. United StatesCourt of Appeals for the Ninth Circuit · 1932
  4. McGinnis v. StateCourt of Criminal Appeals of Texas · 1935
  5. Kelly v. StateCourt of Criminal Appeals of Texas · 1917

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