Garland v. State

Almand, Justice.

Benjamin B. Garland was indicted for the offense of criminal libel. General and special demurrers to the indictment were overruled, and he filed a writ of error to the Court of Appeals. That court transmitted the bill of exceptions and record to this court because the case was one involving the constitutionality of a statute and falling within the jurisdiction of the Supreme Court.

The indictment charged that, on February 6, 1953, the defendant did maliciously print and publish and cause to be printed a certain false, scandalous, and defamatory libel in a newspaper published in…