Commonwealth v. Duane
Supreme Court of Pennsylvania
T HE defendant was indicted for a libel of the late governor 3^ Kean in his official capacity; and at a nisi prius holden by Yeates J. in December last, was convicted upon one count. His counsel then moved in arrest of judgment, because although the indictment charged the libel to be malicious, scandalous, and seditious, it did not charge it to be false, which they held to be necessary under the constitution of this state.
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T HE defendant was indicted for a libel of the late governor 3^ Kean in his official capacity; and at a nisi prius holden by Yeates J. in December last, was convicted upon one count. His counsel then moved in arrest of judgment, because although the indictment charged the libel to be malicious, scandalous, and seditious, it did not charge it to be false, which they held to be necessary under the constitution of this state. The motion was argued with great ability at December term; and a second argument was directed at this term, it being understood that the court was divided in opinion; but…
1Opinion of the Court
Tilghman C. J.
This is an indictment for a libel against the late governor MKeani in his official capacity. The defendant was convicted, and moved in arrest of judgment. In this situation the act concerning libels was passed, the object of which is to take away the prosecution by indictment, in cases of this nature. The question now to be decided, is, whether the court can proceed to give judgment on the indictment. The counsel for the commonwealth have raised an objection to this law, on the ground of its being a violation of the ninth article of the constitution. Although their argument was…
2Cited by33 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Wilentz v. HendricksonSupreme Court of New Jersey · 1944
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- Commonwealth of Penna. v. BeattieSuperior Court of Pennsylvania · 1928
- Duffy's EstateSupreme Court of Pennsylvania · 1933
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