Legal Opinion

State v. Pape

Supreme Court of Connecticut

Decided January 13, 1916PublishedCited by 14 opinions

Information for writing, printing and publicly exhibiting and distributing in a newspaper in Waterbury, certain offensive, indecent and abusive matter of and concerning a resident of Waterbury, then a State senator representing the fifteenth district, brought to and tried by the District Court of Waterbury, Wolfe, Acting-Judge, upon a demurrer to the information; the court sustained the demurrer and rendered judgment in favor of the accused, from which the State, with…

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Information for writing, printing and publicly exhibiting and distributing in a newspaper in Waterbury, certain offensive, indecent and abusive matter of and concerning a resident of Waterbury, then a State senator representing the fifteenth district, brought to and tried by the District Court of Waterbury, Wolfe, Acting-Judge, upon a demurrer to the information; the court sustained the demurrer and rendered judgment in favor of the accused, from which the State, with permission of the trial court, appealed.

1Opinion of the CourtWheeler, J.

The information charges, in two counts, that the accused did unlawfully write, print, and pub-licly exhibit and distribute in a newspaper, certain offensive, indecent and abusive matter concerning a Mr. Peasley, which it quotes at length. The offense is charged in the language of General Statutes, § 1284. The accused demurred generally to the information, the demurrer was sustained, and judgment was entered in favor of the accused.

The State claims the demurrer should have been overruled because, first, it is not specific; and secondly, because the information does charge a crime, and properly…

2Cases cited4 opinions

  1. Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
  2. State v. AverySupreme Court of Connecticut · 1828
  3. Flanagan v. McLaneSupreme Court of Connecticut · 1913
  4. Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1911

3Cited by14 opinions

  1. Moriarty v. LippeSupreme Court of Connecticut · 1972
  2. State v. WhitesideSupreme Court of Connecticut · 1961
  3. State v. BaccalaSupreme Court of Connecticut · 2017
  4. State v. MurphySupreme Court of Connecticut · 1916
  5. Excelsior Pictures Corp. v. Regents of the UniversityNew York Court of Appeals · 1957

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