Tracy v. Commonwealth
Court of Appeals of Kentucky
Case 88 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. An indictment for libel charging publication in general terms, without setting forth the mode or manner of publication, is not good. (Criminal Code, see. 124; Commonwealth v. Williams, 13 Bush, 268.) 2. An indictment charging the publication of a libel referring to the con duct of several persons and to their acts at different times, and disconnected, is bad for duplicity.
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Case 88 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. An indictment for libel charging publication in general terms, without setting forth the mode or manner of publication, is not good. (Criminal Code, see. 124; Commonwealth v. Williams, 13 Bush, 268.) 2. An indictment charging the publication of a libel referring to the con duct of several persons and to their acts at different times, and disconnected, is bad for duplicity. (Bishop on Criminal Procedure, sec. 437.) No brief in record.
1Opinion of the Court
JUDGE PKYOR
delivered the opinion oe the court.
This is an appeal from the judgment below, impost ing a fine on the appellant for an alleged criminal libel, under an indictment of the Fayette Circuit Court, in which the defendant is charged with having willfully and maliciously composed and caused to be printed and published of and concerning W. D. Nicholas, late sheriff of Fayette county, and the jury before whom the value of certain landed property was tried on a writ of ad quod damnum obtained by the Lexington and Big Sandy Eailroad Company against the appellant and others, and of and…
2Cases cited1 opinion
- Commonwealth v. WilliamsCourt of Appeals of Kentucky · 1877
3Cited by9 opinions
- Strand Amusement Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- State v. HosmerOregon Supreme Court · 1914
- Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966
- Crane v. StateCourt of Criminal Appeals of Oklahoma · 1917
- State v. HoskinsSupreme Court of Minnesota · 1895
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