State v. Sheridan
Idaho Supreme Court
APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Prosecution for criminal libel. Judgment sustaining a demurrer to the information. The court will take judicial notice of the meaning of the word “graft,” and that the use of the word in the connection in which it is used in the publication set forth is libelous per se. (Sec. 5950, subd. 1, Rev. Stat.; Wigmore on Evidence, sees. 2582, 1955; Edwards v. Pub.
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APPEAL from the District Court of Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Prosecution for criminal libel. Judgment sustaining a demurrer to the information. The court will take judicial notice of the meaning of the word “graft,” and that the use of the word in the connection in which it is used in the publication set forth is libelous per se. (Sec. 5950, subd. 1, Rev. Stat.; Wigmore on Evidence, sees. 2582, 1955; Edwards v. Pub. Society, 99 Cal. 431, 37 Am. St. Rep. 70, 34 Pac. 128; Clark v. Fitch, 41 Cal. 472; Craig v. Warren, 99 Minn. 246, 109 N. W. 231; 17 Ency.…
1Opinion of the CourtStewart, J.
An information was filed against the defendant in the district court of Ada county, charging him, with criminal libel. The charging part of the information is; as follows: “That on the 18th day of July, 1906, one Frank. R. Gooding, then being and for a long time prior thereto-having been a public officer, to wit: Governor of the State of Idaho, duly elected, qualified and acting as such; and said defendant R. S. Sheridan then being the proprietor, editor and manager of a newspaper, to wit: The ‘Evening Capital News,’ which newspaper was then and ever since has been *227published and in general…
2Cases cited10 opinions
- Holmes v. ClisbySupreme Court of Georgia · 1903
- More v. . BennettNew York Court of Appeals · 1872
- Edwards v. San Jose Printing & Publishing SocietyCalifornia Supreme Court · 1893
- Kilgour v. Evening Star Newspaper Co.Court of Appeals of Maryland · 1902
- People v. RitchieUtah Supreme Court · 1895
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3Cited by12 opinions
- Borg v. BoasCourt of Appeals for the Ninth Circuit · 1956
- Quinn v. Review Publishing Co.Washington Supreme Court · 1909
- Smith v. David B. Crockett Co.Supreme Court of Connecticut · 1912
- Cooper v. RomneyMontana Supreme Court · 1914
- Whitcomb v. Hearst Corp.Massachusetts Supreme Judicial Court · 1952
7 more not listed; retrieve them via the Exa API.