Byrd v. State
Court of Criminal Appeals of Texas
Omitting formal portions, the charging part of the information is as follows, viz.: “On or about the 5th day of November, 1897, in the said county of Parker, and State of Texas, one Jan Byrd, late of said county and State, with force and arms did then and there unlawfully, with intent to injure the said John H. pewis, make, write, print, publish, sell, and circulate a malicious statement of and concerning the said John H. Lewis affecting the reputation of the said John H.…
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Omitting formal portions, the charging part of the information is as follows, viz.: “On or about the 5th day of November, 1897, in the said county of Parker, and State of Texas, one Jan Byrd, late of said county and State, with force and arms did then and there unlawfully, with intent to injure the said John H. pewis, make, write, print, publish, sell, and circulate a malicious statement of and concerning the said John H. Lewis affecting the reputation of the said John H. Lewis, to the tenor following: “ ‘ J. H. LEWIS. “e Of all the mean, low-down, contemptible thieves that we have ever heard…
1Opinion of the Court
HERDERS OH, Judge.
Appellant was convicted of libel, and his punishment assessed at a fine of $200; hence this appeal.
Appellant made a motion to quash the information on the following grounds: “(1) Because it is not set out and alleged in said bill of information what idea was intended to be conveyed by the alleged publication imputed to the defendant, or that any idea at all was intended to be conveyed by said publication concerning the said John H. Lewis. (2) Because it is not alleged in said bill of information that the said alleged publication concerning John H. Lewis, and imputed to this…
2Cited by5 opinions
- Potter v. StateCourt of Criminal Appeals of Texas · 1919
- Mankins v. StateCourt of Criminal Appeals of Texas · 1900
- Potter v. StateCourt of Criminal Appeals of Texas · 1925
- Riley v. StateCourt of Criminal Appeals of Oklahoma · 1928
- Pool v. StateCourt of Criminal Appeals of Texas · 1926