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S E
R I E S

Gordon Morris Bakken, series editor
Editorial
Board
Michal Belknap, California
Western School of Law
Richard Griswold del Castillo, San Diego State University
Rebecca Mead, Northern Michigan University
Matthew Whitaker, Arizona State University
Gordon Morris Bakken
teaches American history at California State University, Fullerton.
He is the author of twenty books as well as numerous articles and
law reviews, book chapters, encyclopedia entries, and book reviews.
Coming soon: online ordering! In the meantime, please call 800.832.4042 or 806.742.2982 to order.
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A M E R I C A N L I B E R T Y
A N D J U S T I C E
Focusing on the American legal system and its operation in local, state,
or national settings, American Liberty and Justice invites explorations of
legal culture, criminal justice administration, state constitutional
development, and judicial decisions.
FORTHCOMING SEPTEMBER 2009

Sex, Murder, and the Unwritten Law
Courting Judicial Mayhem, Texas Style
356 pages, 6.125 x 9.25 | 48 photos, 1 map |
$29.95 cloth
978-089672-662-8
The "honor defense" in six celebrated murder trials,
1896–1977
From the 1880s until after World War I, Texas prosecutions
for adultery, fornication, rape, seduction, and sodomy were many, but formal
penal code seemed insufficiently stringent to southerners, who often sought
other redress. "Unwritten law" seemed to justify the killing—or at least
maiming—of almost anyone who by actual physical contact or inappropriate
comment offended southern notions of female virtue, male honor, or sanctity
of marriage.
Illicit sex is the catalyst in all the Texas murder trials
recounted in Sex, Murder, and the Unwritten Law. In each account the
victim, at least in the perception of the defendant, had committed some
sexual misconduct. In every case the defendant opened fire with premeditated
intent to kill. And in all the resulting trials, the defense relied at least
in part on unwritten law.
Bill Neal explores the imaginative machinations of defense
lawyers who extricated obviously guilty clients when there appeared no legal
basis upon which to peg a defense. Typically defense attorneys outmaneuvered
prosecutors and judges, whose efforts to rein in excesses met with little
success. These courtroom triumphs and underlying strategies are remarkable
to lawyers, historians, and laypersons alike.
One of the most original and interesting studies that I have
encountered—a prime example of how history at the grass roots can increase
our understanding of the history of American violence. —Richard Maxwell
Brown
As a practicing criminal lawyer, Bill Neal spent more than four
decades frequenting county courthouses in West Texas and hearing tales of
sensational crimes and celebrated trials of bygone years. His work has
garnered awards from the National Association for Outlaw and Lawmen History,
the West Texas Historical Association, the Writers’ League of Texas, and the
Western Writers of America. He and his wife, Gayla, live in Abilene, Texas.
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