State v. Schmitt

The indictment objected to contains one count,, and charges the defendant with having published in a public newspaper, printed in the German language, a libelous article, reflecting on William H. F. Fiedler. It sets out the article in the German language and follows it with a translation into English, accompanied with innuendoes declaring its meaning.

By the rules of criminal pleading, an indictment for libel must be based on a publication which appears on its face to be libelous in its application to the person alleged to be libeled, or it must set out such extrinsic facts as show the…