Smith v. Commonwealth
Court of Appeals of Kentucky
Case 71 — INDICTMENT— APPEAL PROM JEPPERSON CIRCUIT COURT, CRIMINAL DIVISION. I. There can be no libel in the absence of malice, and the court erred in failing to so instruct the jury. (Stewart v. Hall, 93 Ky., 380.) 2. The court erred in failing to instruct the jury that if they had a reasonable doubt as to the truthfulness of the facts published they must find defendant not guilty.
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Case 71 — INDICTMENT— APPEAL PROM JEPPERSON CIRCUIT COURT, CRIMINAL DIVISION. I. There can be no libel in the absence of malice, and the court erred in failing to so instruct the jury. (Stewart v. Hall, 93 Ky., 380.) 2. The court erred in failing to instruct the jury that if they had a reasonable doubt as to the truthfulness of the facts published they must find defendant not guilty. (39 Central Law Journal, 363; State v. Bush, 122 Ind., 42.) 3. The judgment should be reversed because the verdict was found by lot and not by a fair expression of the jurors’ minds. The case of Pad. & Eliz. R.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The appellant was convicted of libel and his punishment fixed at a fine of $877.50.
The grounds of his complaint here are: First, that the term “malice” was not used in instructing the jury; second, that the jury ought to have been told that if they had a reasonable doubt as to the truthfulness of the publication the verdict should have been for the defendant; and third, that the verdict of the jury was arrived at by lot.
In support of his first complaint the case of Stewart v. Hall, &c., 83 Ky., 380, is cited, where it was said that “the…
2Cases cited4 opinions
- Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
- York v. CommonwealthCourt of Appeals of Kentucky · 1884
- Stewart v. HallCourt of Appeals of Kentucky · 1885
- Redmon v. CommonwealthCourt of Appeals of Kentucky · 1884
3Cited by4 opinions
- Bennett v. CommonwealthCourt of Appeals of Kentucky · 1917
- Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966
- Beiser v. Scripps-McRae Publishing Co.Court of Appeals of Kentucky · 1902
- Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966