Harrington v. Miles
Supreme Court of Kansas
K'ror from, Brown District Court. Miles brought his action for verbal slander, alleging that Harrington “ maliciously intending to injure the good name and character of the said plaintiff and to cause it to be believed that he had been guilty of the crime of larceny, on the 20th of July, 1871, in a certain discourse which he then had of and concerning the plaintiff, and in the presence and hearing of' divers- good people, falsely and maliciously spoke . and published of and…
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K'ror from, Brown District Court. Miles brought his action for verbal slander, alleging that Harrington “ maliciously intending to injure the good name and character of the said plaintiff and to cause it to be believed that he had been guilty of the crime of larceny, on the 20th of July, 1871, in a certain discourse which he then had of and concerning the plaintiff, and in the presence and hearing of' divers- good people, falsely and maliciously spoke . and published of and concerning the said plaintiff the false, scandalous and malicious words following, that is to say, ‘Miles/ (meaning the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only question really involved in this case is, whether a dog is the subject of larceny; for if it is, then words charging the stealing of a dog are actionable per se, as 'charging a crime involving moral turpitude. It may be conceded that at common law the answer would have been in the negative: 2 Wharton Am. Cr. Law, §1755; 4 Blackstone’s Com., 236; Findlay v. Bear, 8 Serg. & Rawle, 571. But under our statutes we think a different rule obtains. By §78 of the crimes act, (Gen. Stat., 332,) “the taking and carrying away of any money,…
2Cases cited2 opinions
- Parker v. MiseSupreme Court of Alabama · 1855
- Findlay v. BearSupreme Court of Pennsylvania · 1822
3Cited by14 opinions
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- Cooper v. SeavernsSupreme Court of Kansas · 1909
- Hamby v. SamsonSupreme Court of Iowa · 1898
- Haag v. CooleySupreme Court of Kansas · 1885
- Nehr v. StateNebraska Supreme Court · 1892
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