State v. Robbins
Supreme Judicial Court of Maine
On EXCEPTIONS. Indictment, for libel. The defendants demurred; the demurrer was overruled by the court; and the defendants alleged exceptions. By consent of the county attorney, the defendants, in the event that the demurrer is overruled by the full court, shall have the right to plead anew. The alleged errors in the indictment are stated in the arguments and in the opinion. I. No count in the indictment sufficiently describes a libel.
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On EXCEPTIONS. Indictment, for libel. The defendants demurred; the demurrer was overruled by the court; and the defendants alleged exceptions. By consent of the county attorney, the defendants, in the event that the demurrer is overruled by the full court, shall have the right to plead anew. The alleged errors in the indictment are stated in the arguments and in the opinion. I. No count in the indictment sufficiently describes a libel. The statute sets out specially what acts constitute the offense, and covers the whole ground of the common law, which is therefore, by necessary implication…
1Opinion of the CourtAppleton, C. J.
This is an indictment for a libel to which the defendants have demurred.
The indictment is upon R. S. 1871, c. 129, § 2, which is in these words: “Whoever makes, composes, "dictates, writes or prints a libel; directs or procures it to be done; willfully publishes or circulates it, or knowingly and willfully aids in doing either, shall be punished by imprisonment less than one year, and by fine not exceeding one thousand dollars.”
The allegation in the indictment in each of the numerous counts is, that the defendants “unlawfully and maliciously did compose and publish, and cause and procure to…
2Cited by10 opinions
- Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
- State v. DuguaySupreme Judicial Court of Maine · 1962
- State v. ArsenaultSupreme Judicial Court of Maine · 1956
- Duncan v. StateSupreme Judicial Court of Maine · 1962
- Howenstine v. United StatesCourt of Appeals for the Ninth Circuit · 1920
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