Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some ...
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free.
This is an OCR edition with typos.
Excerpt from book:
CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some actual pecuniary loss on account of the publication — in other wor.ds, wherever the language is libellous per se—the libel may also be the subject of an indictment. The ground of the criminal prosecution in these cases is the tendency of the defamatory language to provoke a breach of the peace,2 but it is equally a criminal libel if no breach of the peace actually takes place, or if the person libelled could not, on account of physical infirmity, resent an injury. In cases where the plaintiff, in order to maintain a civil action for libel, must show that he has suffered some special damage, as in casesof " slander of title,"1 no indictment can be sustained. In such cases a suit for damages offers an adequate remedy. 1 But a libel is not an " infamous " crime within the meaning of the term as used in the New York Code of Civil Procedure, limiting the jurisdiction of the Albany Court of Special Sessions; that court accordingly has jurisdiction. People v. John ParrCTe Owl), 42 Hun (N. Y. Supreme Court, 1886 313. The Supreme Court of the District of Columbia in the case of the United States v. Buell (1 McArthur, 502), decided in 1874 that libel was an infamous crime, and, therefore, beyond the jurisdiction of the Police Court of the District, but in the more recent case of the United States v. Marshall (Washington Law Re- porter, Aug. 17, 1887), this decision is overruled. 2CuLFEPPnR, Va., March 1. — Edwin Barbour, editor of the Piedmont Advance, and Ellis B. Williams, son of George Williams, editor of the Culpep- per Exponent , engaged in a shooti...
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CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some actual pecuniary loss on account of the publication in other wor.ds, wherever the language is libellous per sethe libel may also be the subject of an indictment. The ground of the criminal prosecution in these cases is the tendency of the defamatory language to provoke a breach of the peace,2 but it is equally a criminal libel if no breach of the peace actually takes place, or if the person libelled could not, on account of physical infirmity, resent an injury. In cases where the plaintiff, in order to maintain a civil action for libel, must show that he has suffered some special damage, as in casesof " slander of title,"1 no indictment can be sustained. In such cases a suit for damages offers an adequate remedy. 1 But a libel is not an " infamous " crime within the meaning of the term as used in the New York Code of Civil Procedure, limiting the jurisdiction of the Albany Court of Special Sessions; that court accordingly has jurisdiction. People v. John ParrCTe Owl), 42 Hun (N. Y. Supreme Court, 1886 313. The Supreme Court of the District of Columbia in the case of the United States v. Buell (1 McArthur, 502), decided in 1874 that libel was an infamous crime, and, therefore, beyond the jurisdiction of the Police Court of the District, but in the more recent case of the United States v. Marshall (Washington Law Re- porter, Aug. 17, 1887), this decision is overruled. 2CuLFEPPnR, Va., March 1. Edwin Barbour, editor of the Piedmont Advance, and Ellis B.Williams, son of George Williams, editor of the Culpep- per Exponent , engaged in a shooti...
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Overview
This is an OCR edition with typos.
Excerpt from book:
CHAPTER III. CRIMINAL LIBEL. Most libels which are civilly actionable are indictable also as crimes.1 Wherever a suit for damages on account of a libel may be maintained without express proof that the plaintiff has suffered some ...