Butler v. State
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Willie Butler was convicted of defamation, and appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Willie Butler was convicted of defamation, and appeals. Omitting the formal charging part, the indictment was as follows: “Willie Butler did falsely and maliciously speak of and concerning Alta Petty, in the presence of Sam Kennamer, charging her with a want of chastity, in substance as follows: That Dr. W. P. Allen said that he was called to see her, meaning that said Alta Petty, who was then and there a single woman, never having been married, and that she miscarried, and that her mother, Grace Petty, buried it, meaning…
1Opinion of the CourtDenson, J.
The defendant was convicted, under section 5065 of the Code of 1896, of the crime of defamation; and from the judgment of conviction he has taken this appeal.
While the indictment is not a model of good pleading, the court entertains the opinion that the demurrer leveled against it is nothing more than a grammatical criticism, which can avail the defendant nothing, provided that to a person of common understanding the language attributed to the defendant by the indictment plainly imports a want of chastity in the female referred to therein. That the language of the indictment candes such…
2Cases cited7 opinions
- Gambrill v. SchooleyCourt of Appeals of Maryland · 1902
- Reid v. StateSupreme Court of Alabama · 1875
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Riley v. StateSupreme Court of Alabama · 1902
- Stayton v. StateCourt of Criminal Appeals of Texas · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Murphree v. StateAlabama Court of Appeals · 1915