Moody v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. 'O. J. Semmes. The indictment in this case charged that the defendant, who published a newspaper in the city of Mobile, “unlawfully, falsel'y and maliciously, published of and concerning John Graham the following false, defamatory and libellous matter in writing, with the intent to defame the said John Graham, to-witsetting it out, and adding, “against the peace,” &c.
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From the City Court of Mobile. Tried before the Hon. 'O. J. Semmes. The indictment in this case charged that the defendant, who published a newspaper in the city of Mobile, “unlawfully, falsel'y and maliciously, published of and concerning John Graham the following false, defamatory and libellous matter in writing, with the intent to defame the said John Graham, to-witsetting it out, and adding, “against the peace,” &c. There was no demurrer to the indictment, and the cause was tried on issue joined on the plea of not guilty, resulting in a verdict of guilty aud a fine of $100. On the trial,…
1Opinion of the CourtWalker, J.
— Mr. Wharton, in discussing the offense of libel under the common law, says: “Whatever, if made the subject of civil action, would be considered libellous without laying special damage, is indictable in a criminal court.” 2 Wharton’s Criminal Law, (9th Ed.) 1598. Another standard text-writer on criminal law thus defines the offense of libel: “It is any representation in .writing, or by pictures, effigies, or the like, calculated t,o create disturbances of the peace, to corrupt the public morals, oi; to lead to any act which, when done, is indictable.” — 2 Bishop on Criminal Law, (7th Ed.) §…
2Cases cited2 opinions
- Iron Age Publishing Co. v. CrudupSupreme Court of Alabama · 1888
- Reid v. StateSupreme Court of Alabama · 1875
3Cited by6 opinions
- Allen v. StateAlabama Court of Appeals · 1913
- State v. Pool GrinsteadSupreme Court of Kansas · 1901
- Krasner v. StateAlabama Court of Appeals · 1946
- Douglass v. StateSupreme Court of Alabama · 1952
- Dungan v. StateAlabama Court of Appeals · 1911
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