Legal Opinion

Collins v. State

Court of Criminal Appeals of Texas

Decided March 8, 1898No. 1422PublishedCited by 8 opinions

Appeal from the County Court of Palo Pinto. Tried below before Hon. W. S. Hewbbough, County Judge. Appeal from a conviction for slander; penalty, a fine of $100. The charging part of the information is as follows: “That the said Frank Collins, on the 25th day of May, A. D. 1896, and in the said county of Palo Pinto, and State of Texas, did then and there orally, falsely, maliciously'', and wantonly impute to an unmarried female in this State, to wit, Martha Ann Dulaney, a…

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Appeal from the County Court of Palo Pinto. Tried below before Hon. W. S. Hewbbough, County Judge. Appeal from a conviction for slander; penalty, a fine of $100. The charging part of the information is as follows: “That the said Frank Collins, on the 25th day of May, A. D. 1896, and in the said county of Palo Pinto, and State of Texas, did then and there orally, falsely, maliciously'', and wantonly impute to an unmarried female in this State, to wit, Martha Ann Dulaney, a want of chastity, to wit: the said Frank Collins did then and there, in the presence and hearing of Bill Beddo and divers…

1Opinion of the Court

HEHDEBSOH, Judge.

Appellant was convicted of slander, and his punishment assessed at a fine of $100; hence this appeal.

The Assistant Attorney-General has made a motion to dismiss this appeal, because of an alleged defective recognizance. We have examined the recognizance, and think it good. It would not be good as an indictment, but this is not necessary. It states the definition of the offense contained in the statute.

Appellant filed a plea of former jeopardy, setting up, in propria forma, an acquittal of a charge of slandering one Phebe Dulaney, attaching the indictment in said case, and…

2Cases cited1 opinion

  1. Dickson v. StateCourt of Criminal Appeals of Texas · 1894

3Cited by8 opinions

  1. Cooper v. StateCourt of Criminal Appeals of Texas · 1924
  2. Curl v. StateCourt of Criminal Appeals of Texas · 1912
  3. Roberts v. StateCourt of Criminal Appeals of Texas · 1907
  4. Adams v. StateCourt of Criminal Appeals of Texas · 1911
  5. Rainwater v. StateCourt of Criminal Appeals of Texas · 1904

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