State v. Burnham
Superior Court of New Hampshire
Indictment for publishing a false, malicious, and defamatory libel upon Lyman B. Walker, at the time solicitor for the county of Strafford, in the form of an address, or petition to the Senate and House of Representatives, containing allegations that said Walker was intemperate, incompetent to the discharge of the duties of his said office, had misconducted in many instances, and that his character was notoriously immoral, and praying for his removal from office.
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Indictment for publishing a false, malicious, and defamatory libel upon Lyman B. Walker, at the time solicitor for the county of Strafford, in the form of an address, or petition to the Senate and House of Representatives, containing allegations that said Walker was intemperate, incompetent to the discharge of the duties of his said office, had misconducted in many instances, and that his character was notoriously immoral, and praying for his removal from office. On the trial, it appeared in evidence that the defendant caused about two hundred copies of the alleged libel to be printed, many…
1Opinion of the CourtParker, J.
It is not disputed, that by the common law the publication of a libel is an offence punishable by fine and imprisonment; and we are of opinion that an indictment at common law, for a libel, may well be sustained in this state.
The reasons for the opinion that the common law, generally, so far as it is applicable to our institutions and form of government, has been adopted here, as a part of the law of this state, are given at length in The State vs. Rollins, 8 *39N. H. R. 550, in which the question was first argued, and need not now be repeated.
It certainly cannot be held, that there is any thing…
2Cases cited10 opinions
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- State v. AverySupreme Court of Connecticut · 1828
- Inman v. FosterNew York Supreme Court · 1832
- Gilman v. LowellNew York Supreme Court · 1832
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McGranahan v. DaharSupreme Court of New Hampshire · 1979
- Commonwealth v. ARMAOSupreme Court of Pennsylvania · 1972
- Shaari v. Harvard Student Agencies, Inc.Massachusetts Supreme Judicial Court · 1998
- Pierce v. StateSuperior Court of New Hampshire · 1843
- Aaron Harkaway v. Boston Herald Traveler CorporationCourt of Appeals for the First Circuit · 1969
4 more not listed; retrieve them via the Exa API.