Morris v. State
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; The indictment is bad, and the demurrer to it should have been sustained, because it does not set out the language used. In an indictment for slander it is not sufficient to state conclusions, but it must allege either the actual words or the substance of the actual words used. 25 Cyc. 577-8; 17 S. W. (Tex.) 548; 11 S. W. (Tex.) 521; 32 Cent.
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Appeal from Boone Circuit Court; George W. Reed, Judge; The indictment is bad, and the demurrer to it should have been sustained, because it does not set out the language used. In an indictment for slander it is not sufficient to state conclusions, but it must allege either the actual words or the substance of the actual words used. 25 Cyc. 577-8; 17 S. W. (Tex.) 548; 11 S. W. (Tex.) 521; 32 Cent. Dig., “Libel and Slander,” § 243; 86 S. W. (Mo.) 1098. The Morphew case, 84 Ark. 488, relied on by the State, is not contrary to this position. The court in that case, page 489, distinctly states…
1Opinion of the CourtHart, J.
Bill Morris prosecutes this appeal to reverse a judgment of conviction against him for tbe crime of slander. The body of the indictment is as follows:
“The said Bill Morris, in the county and State aforesaid, on the 10th day of October, 1912, then and there maliciously, wilfully, feloniously and falsely did use, utter and publish, in the presence of H. S. Seitz, of and concerning Mrs. James Holt, words which, in their common acceptation, amounted to charge the said Mrs. James Holt with being an illegitimate child, the descendant of a negro and a descendant of a thief.
“This prosecution is with…
2Cases cited3 opinions
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- Laster v. BraggSupreme Court of Arkansas · 1913
- Morphew v. StateSupreme Court of Arkansas · 1907
3Cited by6 opinions
- Albright v. MortonDistrict Court, D. Massachusetts · 2004
- Dean v. Black & White Stores, Inc.Supreme Court of Arkansas · 1932
- Wright v. F. W. Woolworth Co.Appellate Court of Illinois · 1935
- Bowen v. Independent Publishing Co.Supreme Court of South Carolina · 1957
- State v. MasonSupreme Court of Arkansas · 1922
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