Graves v. State
Supreme Court of Alabama
Questions referred as novel and difficult by the Circuit Court of Dallas. Indictment for a libel, by a publication in the form of a hand-bill, directed to the public; containing divers false, scandalous and malicious matters, of and concerning Ebenezer Hearn, and of and concerning charges alledged against the character of the said Ebenezer Hearne, in the year 1831, according to the tenor and effect following, that is to say: that in ’31, [meaning in the year of Our Lord,…
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Questions referred as novel and difficult by the Circuit Court of Dallas. Indictment for a libel, by a publication in the form of a hand-bill, directed to the public; containing divers false, scandalous and malicious matters, of and concerning Ebenezer Hearn, and of and concerning charges alledged against the character of the said Ebenezer Hearne, in the year 1831, according to the tenor and effect following, that is to say: that in ’31, [meaning in the year of Our Lord, 1831,] the Bev. E. Hearn, [meaning the said Ebenezer Hearn,] who was most prominent in the conference, was charged, and…
1Opinion of the CourtGoldthwaite, J.
1. The first question on this record is, whether it was competent for the prosecution to show what was the decision of the eclesiastical tribunal on the evidence before it. It seems that the defendant introduced this evidence to prove the truth of the published words; but we are not inforifted by the reservation of this point, whether the court below admitted the proof as a matter of justification ; or whether it was considered proper in explanation of the quo animo, or in mitigation of (damages. It is only in the first connection that it is necessary now to consider the question ; because,…
2Cases cited4 opinions
- Maynard v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Dole v. LyonNew York Supreme Court · 1813
- Mapes v. WeeksNew York Supreme Court · 1830
- Treat v. BrowningSupreme Court of Connecticut · 1822
3Cited by3 opinions
- Jordan v. MeadSupreme Court of Alabama · 1847
- Krasner v. StateSupreme Court of Alabama · 1946
- Bennett v. CrumptonCourt of Appeals of Georgia · 1907