Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 222
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222 GORMAN v. THE STATE. [Term of
Opinion of the Court.
him; defendant told witness to "stop striking" him, but she
continued striking him, when he whipped her, striking her
several times with a raw-hide whip; that defendant did not
hurt her very much. * * * The boy was her child by a
former marriage, and that she struck defendant because he was
beating the boy too hard; that when she married defendant
she gave him control over her children, including the boy
spoken of, but that she did not give him the right to beat him
too hard ; that the boy lived with defendant and witness before
the fuss, and has lived with them since; * * * that defendant
supports witness and her children, and did so before the
fuss, and up to the time of the difficulty treated them kindly,
and has done so since.
The charge is sufficiently shown in the opinion.
The jury found defendant guilty, and assessed his fine at one
hundred dollars, and he appealed.
Lane & Payne, for appellant.
A. G. ifittrell, for the State.
MOORE, J.-If the minor children of the wife are recognized
and treated as members of the family of their step-father,
and are supported and maintained by him, there can be no
doubt that he stands to them in loco parentis, and may exer.
cise the control and authority of a parent over them. On the
other hand, we think it equally clear that the mother may interfere,
by force, if necessary to do so, to protect her child
from cruel treatment, or wanton chastisement, or abuse, by
either the step-father or father. Her right to interfere depends
upon the fact whether the father has exceeded the just limits
of parental authority in the extent and character of the chastisement
which he is administering to the child. If he has,
the wife, by interfering for the protection of the child, does
not become an aggressor. And should the husband repel such
interference by an assault upon the wife, he is in the wrong
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/230/: accessed April 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .