Bearman v. People

L. Bearman was found guilty of criminal libel, and was sentenced to imprisonment in the penitentiary for not less than eleven months nor more than twelve months. He seeks a reversal of the judgment.

1. One of the questions presented concerns the right of a defendant in a prosecution for criminal libel to introduce evidence tending* to show absence of malice on his part.(1) In civil actions for damages for a publication libelous per se, malice is presumed, and no burden rests upon the plaintiff to prove express malice. The defendant in such an action is permitted to introduce evidence to…