Myre v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

Appellant again insists that he was privileged to introduce evidence which tended to establish the truth of the matter alleged to have been libelous under the first subdivision of article 1290 P. C., which permits accused to show the truth of an alleged libelous statement, “where the publication purports to be an investigation of the official conduct of officers or men in a public capacity.” He points out that in the libelous document it appears that the affiant thereto said appellant told her he had heard that she had been helped by the Greenville…