Legal Opinion

State v. Avery

Supreme Court of Connecticut

Decided July 15, 1828PublishedCited by 44 opinions

This was an information against Asa L. Avery, for writing and sending, on the 7th of July, 1827, to Jannette White, the wife of Alfred White, a letter in the following terms: “Mrs. Jannette White. I think we have played peep-abo long enough; and in my opinion, travelled enough. It is highly necessary for lovers to meet, in order to understand each other’s minds. I do believe it was your intention to have met me, a week ago last Sunday.

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This was an information against Asa L. Avery, for writing and sending, on the 7th of July, 1827, to Jannette White, the wife of Alfred White, a letter in the following terms: “Mrs. Jannette White. I think we have played peep-abo long enough; and in my opinion, travelled enough. It is highly necessary for lovers to meet, in order to understand each other’s minds. I do believe it was your intention to have met me, a week ago last Sunday. I first thought I knew you ; afterwards I found it was you. I believe you have been across twice since. Now, if you will call at my house to-morrow, in the…

1Opinion of the CourtPeters, J.

Whether the facts stated in this information are a libel, or a solicitation to commit a greater crime, it is not. now material to enquire. If they constitute an indictable of-fence within the jurisdiction of the superior court, it is sufficient.

A libel is a malicious defamation of any person, made public by printing, writing, signs or pictures, tending to blacken the memory of the dead, with intent to provoke the living, or injure the reputation of the living, provoke him to wrath, and expose him to hatred, contempt or ridicule. 1 Hawk. P. C. cap. 73. sect. 1. 4 Bla. Comm. 150. Holt on Libels…

2Cases cited3 opinions

  1. State v. DanforthSupreme Court of Connecticut · 1819
  2. State v. KnappSupreme Court of Connecticut · 1827
  3. Hillhouse v. DunningSupreme Court of Connecticut · 1827

3Cited by44 opinions

  1. Renfro Drug Co. v. LawsonTexas Supreme Court · 1942
  2. United States v. American Airlines, Inc. And Robert L. CrandallCourt of Appeals for the Fifth Circuit · 1984
  3. Stokes v. StateMississippi Supreme Court · 1908
  4. Gervin v. StateTennessee Supreme Court · 1963
  5. Commonwealth v. FlaggMassachusetts Supreme Judicial Court · 1883

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