Middleton v. Commonwealth
Supreme Court of Pennsylvania
WRIT of error to the judges of the court of quarter sessions of Adams county. The record exhibited an indictment against Robert W. Middleton for a libel; on the trial of which, the defendant offered to give in evidence the truth of the facts stated in the alleged libel, on the ground that the matter referred to was of a public character, and likely to aflfect the public interest.
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WRIT of error to the judges of the court of quarter sessions of Adams county. The record exhibited an indictment against Robert W. Middleton for a libel; on the trial of which, the defendant offered to give in evidence the truth of the facts stated in the alleged libel, on the ground that the matter referred to was of a public character, and likely to aflfect the public interest. The court below (Reed, president) was of opinion, that the character of the alleged libel must be determined exclusively from an inspection of the paper itself; and that inspection did not result in the conclusion…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is not pretended that the judges were bound to seal these bills of exceptions ; but it is said, that as they have voluntarily done so, we are bound- to inspect the matter supposed to be thus put on the record. But the statute sanctions nothing which it does not enjoin ; and as it has been held in Sir Harry Vane’s case, according to the report of it in 1 Levintz 68, and Kelynge 18, to be inapplicable to any criminal matter whatever, the case before us stands precisely as it would have stood before the statute. To the component parts of a…
2Cited by11 opinions
- Commonwealth. v. GarramoneSupreme Court of Pennsylvania · 1932
- Commonwealth v. Superintendent of Philadelphia County PrisonSupreme Court of Pennsylvania · 1908
- Commonwealth ex rel. Turk v. AsheSuperior Court of Pennsylvania · 1950
- Commonwealth v. CarlucciSuperior Court of Pennsylvania · 1911
- Haines v. CommonwealthSupreme Court of Pennsylvania · 1882
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