Byers v. Martin
Supreme Court of Colorado
Error to District Court, Arapahoe County. Defendant in error was the publisher and proprietor of the Bocky Mountain News, a newspaper published in Denver. The publication of which, defendant in error complained, is sufficiently set out in the opinion.
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Error to District Court, Arapahoe County. Defendant in error was the publisher and proprietor of the Bocky Mountain News, a newspaper published in Denver. The publication of which, defendant in error complained, is sufficiently set out in the opinion. In concluding the argument for plaintiff in error, counsel used the following language: 1. We have said that the publication was directed against the jury and its verdict. 2. A verdict is the unanimous decision of a jury. 3. A jury is a body of men. 4. A verdict of itself, having no rights and owing no duties, is incapable of being libeled. 5.…
1Opinion of the CourtBrazee, J.
This is an action of trespass on the case for libel.
The first count of the declaration alleges, in substance, that Charles R. Ward was indicted for robbery in the first district court of this Territory, and the plaintiff, Martin, and eleven others were impaneled and sworn as jurors to try the issues upon that indictment, and a true verdict to give according to the evidence; that, aftSr hearing the evidence, *607arguments of counsel and instructions of the court, Martin, as one of the jurors, rendered a verdict of not guilty; that defendant, Byers, well knew these facts, and published of and…
2Cases cited1 opinion
- Gidney v. BlakeNew York Supreme Court · 1814
3Cited by5 opinions
- Walker v. Colorado Springs Sun, Inc.Supreme Court of Colorado · 1975
- Augusta Evening News v. RadfordSupreme Court of Georgia · 1893
- Boehmer v. Detroit Free Press Co.Michigan Supreme Court · 1892
- Smallwood v. YorkCourt of Appeals of Kentucky · 1915
- Piedmont Cotton Mills v. JamesCourt of Appeals of Georgia · 1938