Ashton v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of the common law crime of criminal libel and his punishment fixed at six months in jail and a $3,000 fine. The principal ground urged for reversal is that the nature of the offense was so “vague” and “inclusive” that appellant’s conviction violated his constitutional rights of freedom of speech and due process.1 This raises a novel and serious question which we will dispose of first.

The charge in the indictment is as follows :

“On or about the 22nd day of March, 1963, in Perry County, Kentucky, the above named defendant committed the offense of…