Territory v. Crowley

DISSENTING OPINION OF

PETERS, J.

I respectfully dissent.

Both defendants should be granted a new trial. The trial court committed reversible error by instructing the jury as requested by the prosecution that it was incumbent upon the defendants to prove justification by a preponderance of the evidence.

The court, at the request of the prosecution, charged the jury as follows: “You are instructed that the burden is on the Territory in these cases to prove beyond a reasonable doubt that defendants (or either of them) published, or aided in the publication of, a libelous article as charged; but once…