Wilson v. Marks
Supreme Court of Florida
Appeal from the Circuit Court for Orange county. Section 9 of the Bill of Rights is as follows: “Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press.
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Appeal from the Circuit Court for Orange county. Section 9 of the Bill of Rights is as follows: “Every citizen may fully speak and write his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or the press. In all criminal prosecutions and civil actions for libel the truth may be given in evidence to the jury, and if it shall appear that the matter charged as libellous is true, but was published for good motives, the party shall be acquitted or exonerated.” The other facts are stated in the opinion.
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
Wilson sued Marks for publishing a libel charging him with having committed perjury. The defendant pleaded not guilty and also a special plea (called a third plea) avering that the charge in the publication made by him against the plaintiff’ is true, alleging that a certain affidavit made by plaintiff in proof of a homestead entry .by one P. wTas false, and that plaintiff therein committed wilful and cor*324rupt perjury, wherefore the alleged publication was made by him. There was a replication to this plea. Afterward another plea was filed by…
2Cases cited2 opinions
- Tobias v. HarlandNew York Supreme Court · 1830
- Backus v. RichardsonCourt for the Trial of Impeachments and Correction of Errors · 1809
3Cited by10 opinions
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- Armstrong v. StateSupreme Court of Florida · 1892
- Jones, Varnum & Co. v. Townsend's AdministratrixSupreme Court of Florida · 1885
- Briggs v. BrownSupreme Court of Florida · 1908
- Parkhurst v. StoneSupreme Court of Florida · 1895
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