Browning v. Commonwealth
Court of Appeals of Kentucky
-Case 22 — Prosecution against-David Browning eor Criminal Libel. APPEAL PROM WEBSTER CIRCUIT COURT. Dependant 'Convicted and Appeals. POINTS AND AUTHORITIES. It is not libelous to Write of another .that he' will purloin .property if he has a chance at it. Townsend on Libel and Slander, sec. 161; Panning v. Chase, 17 R. I., 388 (Am. St. Rep., 878), and cases therein cited; 13 L. R. A., 135. Words must he false to he defamatory.
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-Case 22 — Prosecution against-David Browning eor Criminal Libel. APPEAL PROM WEBSTER CIRCUIT COURT. Dependant 'Convicted and Appeals. POINTS AND AUTHORITIES. It is not libelous to Write of another .that he' will purloin .property if he has a chance at it. Townsend on Libel and Slander, sec. 161; Panning v. Chase, 17 R. I., 388 (Am. St. Rep., 878), and cases therein cited; 13 L. R. A., 135. Words must he false to he defamatory. Townsend, on Libel and Slander, sec. 71. How can a prediction that a man will do something be proved to have been true or false? The alleged libelous letter was from…
1Opinion of the Court
*284Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
The appellant, David Browning, prosecutes this appeal from a judgment for $85 rendered against him in the trial •of an indictment for criminal libel, which was based upon the following words in a letter written by the appellant to one L. C. Newman concerning George Beard, viz.: “You never answered my letter and I have since learned that you have gone to work for Beard. Don’t let the type and outfit of the Banner get scattered until the 28th, when we ca-n do something with it. Did Thompson pay you $75.00? Beard will purloin all of the outfit…
2Cases cited5 opinions
- Riley v. LeeCourt of Appeals of Kentucky · 1889
- Bays v. HuntSupreme Court of Iowa · 1882
- Fanning v. ChaceSupreme Court of Rhode Island · 1891
- Allen v. WorthamCourt of Appeals of Kentucky · 1890
- Duncan v. BrownCourt of Appeals of Kentucky · 1854
3Cited by4 opinions
- Baskett v. CrossfieldCourt of Appeals of Kentucky · 1920
- Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966
- Ideal Motor Co. v. WarfieldCourt of Appeals of Kentucky (pre-1976) · 1925
- Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966