Legal Opinion

Commonwealth v. Duncan

Court of Appeals of Kentucky

Decided November 1, 1907PublishedCited by 6 opinions

CASH 8. — PROCEEDINGS ON AN INDICTMENT AGAINST H. T. DUNCAN FOR LIBEL. Appeal from. Fayette Circuit Court. Watts Parker, Circuit Judge.

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CASH 8. — PROCEEDINGS ON AN INDICTMENT AGAINST H. T. DUNCAN FOR LIBEL. Appeal from. Fayette Circuit Court. Watts Parker, Circuit Judge. From a judgment sustaining a demurrer to the indictment the Commonwealth appeals Where t(he wordls in a particular case are ambiguous and are fairly capable of two meanings, one harmless and the other defamatory, according to the occasion upon which they' were used, or the surrounding circumstances with reference to which they are to be construed, the question as to the meaning of the words and the sense in which they were used, is one for the, jury; and in a…

1Opinion of the Court

Opinion op the Court by

Judge Hobson

Revers-: ing.-

H. T. Duncan was indicted in the Fayette circuit court for libel. The court sustained a demurrer to the indictment, and the Commonwealth appeals.

*49The indictment is in these words:

“The grand jury of Payette county, in the name and by the authority of the Commonwealth of Kentucky, accuse H. T. Duncan of the offense of libel, committed as follows, viz.: That said H. T. Duncan on the 12th day of June, 1904, and within one year before the finding of this indictment, in the county aforesaid, did unlawfully, wilfully and maliciously write, compose,…

2Cases cited1 opinion

  1. Beiser v. Scripps-McRae Publishing Co.Court of Appeals of Kentucky · 1902

3Cited by6 opinions

  1. Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966
  2. Dixon v. ChappellCourt of Appeals of Kentucky · 1909
  3. Cole v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Territory v. CrowleyHawaii Supreme Court · 1939
  5. Ashton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1966

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