Doyle v. Police Court

Section 8 of article I of the State Constitution provides that “ In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.” It cannot be doubted that this' provision gives to one to be tried on a charge of libel an absolute right to a jury trial.

A right to a jury trial when given by the Constitution means a…