Legal Opinion

Cowan v. Jones

Missouri Court of Appeals

Decided February 21, 1899Published

Petition for Mandamus to the Judge of the Phelps Circuit Court and Prosecuting Attorney of said. County. Libel is an injury to a person in this, that it is defined to be a malicious defamation of a person either by printing, writing, sign or pictures in order to provoke him to wrath, expose him to public hatred, contempt and ridicule. 4 Blackstone Com. 150; Anderson’s Law Die., p. 617; Giles-v. State, ■6 Ga. 283; 1 Kent Com., pp. 620 and 621; R. S. 1889, sec. ■3869. Trespass…

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Petition for Mandamus to the Judge of the Phelps Circuit Court and Prosecuting Attorney of said. County. Libel is an injury to a person in this, that it is defined to be a malicious defamation of a person either by printing, writing, sign or pictures in order to provoke him to wrath, expose him to public hatred, contempt and ridicule. 4 Blackstone Com. 150; Anderson’s Law Die., p. 617; Giles-v. State, ■6 Ga. 283; 1 Kent Com., pp. 620 and 621; R. S. 1889, sec. ■3869. Trespass is defined to be in its largest and most extensive sense, any transgression or offense against the law of nature,…

1Opinion of the CourtBond, J.

An information charging W. J. Powell with criminal libel of Joseph Campbell, and verified by him was filed in the circuit court of Phelps county by its prosecuting attorney. Upon a trial of the information said Powell was convicted, and appealed to this court, where the conviction was set aside and the cause remanded (66 Mo. App. 598). Before the case could be again tried in the circuit court of Phelps county the defendant died, and it was dismissed; thereupon a proper fee bill for costs in said cause was delivered to the defendant Jones as prosecuting attorney, which both he and defendant…

2Cases cited2 opinions

  1. State v. PowellMissouri Court of Appeals · 1896
  2. State v. MolesSupreme Court of Missouri · 1846

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