Legal Opinion

Commonwealth v. Graffius

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 333PublishedCited by 2 opinions

Appeal, No. 333, Oct. T., 1916, by defendant, from judgment of Q. S. Blair Co., June T., 1916, No. 28, on verdict of guilty in case of Commonwealth v. H. Price Graffius. Indictment for libel. Before Bailey, P. J., specially presiding. The publication is quoted in the opinion of the Superior Court.

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Appeal, No. 333, Oct. T., 1916, by defendant, from judgment of Q. S. Blair Co., June T., 1916, No. 28, on verdict of guilty in case of Commonwealth v. H. Price Graffius. Indictment for libel. Before Bailey, P. J., specially presiding. The publication is quoted in the opinion of the Superior Court. The court charged in part as follows: [The first question of this branch of the case is: Is this paper a defamatory libel? That is a question for you; but, in the opinion of the court, the language of this paper strikes directly at the personal and professional character 'of Mr. Davis. It implies…

1Opinion of the Court

Opinion by

Williams, J.,

Graffius was found guilty of libel and sentenced to pay a fine of $100 and serve four months in jail. He appeals from, that judgment.

In 1916, J. D. Hicks was the candidate of the Republican “Organization,” and H. A. Davis, the candidate of the “Antisaloon” or “Temperance” wing of the party, for State committeeman. The latter candidate was a member of the Blair County bar, and had been a leader of the temperance element for many years. Before the primaries in May, defendant presented a libelous article, attacking Davis’ character, to Hicks, and later to his son, which he…

2Cases cited7 opinions

  1. Commonwealth v. DunleavySuperior Court of Pennsylvania · 1901
  2. Montgomery v. New Era Printing Co.Supreme Court of Pennsylvania · 1910
  3. Commonwealth v. BellSuperior Court of Pennsylvania · 1897
  4. McGeary v. Leader Publishing Co.Superior Court of Pennsylvania · 1912
  5. Commonwealth v. LittleSuperior Court of Pennsylvania · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Commonwealth v. JefferySuperior Court of Pennsylvania · 1922
  2. Commonwealth v. ZerbeySchuylkill County Court of Quarter Sessions · 1931

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