State v. Hollon
State v. Hollon
Opinion of the Court
delivered the opinion of the court.
The defendant was indicted in the. circuit court of
Sec. 4760 of the Code defines a libel to be the malicious defamation of a person made public by any printing, writing, sign, picture, representation or effigy, intending to. provoke him to wrath, or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse.
Sec. 4762 makes the delivery of the libel to one or more persons, or to the person libeled, a sufficient-publication.
Section 5131 provides that it is sufficient that the indictment states generally that the libel was published concerning the party libeled, this fact to be established on the trial.
The demurrer avers that the libel is of Ida Rowe, and purports upon its face to have been written by Brown, and it is therefore no -libel as to him.
The indictment contains the averment that it was
It is averred that defendant wrote and published the libel, and the language is to be construed in the sense in which the writer intended. Obviously he intended it should be understood by the person to whom the libel was delivered, that Brown had used to her and of her the vulgar and indecent language contained in the writing. The meaning is that Brown used the language to and of Ida, and if he had put these words down and signed his name to it, there could he no doubt of the libelous character of the writing. If, however, he conveyed the same idea in different form of written communication, although he signed another name than his own, it falls within the definition of libel. It is a defamation of a person made public by writing. And this the writer and publisher is responsible for, no matter how the writing may be signed by him, whether by his own name, the name of a third party, or the name of the party libeled.
It has been held that a published statement that a
We. are of opinion, therefore, that the circuit judge erred in sustaining defendant's demurrer, and the judgment will be reversed, and the cause remanded for trial.
Reference
- Full Case Name
- State v. L. C. alias Calvin Hollon
- Status
- Published