People v. Collins
People v. Collins
Opinion of the Court
The defendant was indicted for libel. The court sustained a demurrer to the indictment, and the people have appealed.
We do not deem it necessary to set forth the allegations of the indictment. It is sufficient to say that the words of the publication alleged are not actionable per se, and that the indictment contains neither innuendo nor colloquium. This is an objection which can be taken by general demurrer, that the facts stated do not constitute a public offense. Where the publication is not a libel on its face, hut it is claimed that the language used has a covert meaning, it is necessary not only to allege and prove the slanderous or libelous sense in which the words were used by the defendant, but also
Judgment affirmed.
Harrison, J., and Garoutte, J., concurred.
Reference
- Full Case Name
- THE PEOPLE v. J. H. COLLINS
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Criminal Law—Libel—Pleading—Demurrer to Indictment.—Where the words of an alleged libelous publication are not actionable per se, an indictment therefor, containing neither innuendo nor colloquium, is subject to a general demurrer upon the ground that the facts stated do not constitute a public offense. Id.—Publication Not Libelous on Its Face.—Where a publication is not a libel on its face, but it is claimed that the language used has a covert meaning, it is necessary not only to allege and prove the slanderous or libelous sense in which the words were used by the defendant, but also that they were understood in the same sense by those to whom they were addressed.