Commonwealth v. Foley

Opinion by

Mr. Justice Kephart,

Appellant was convicted in the court below on two counts on a bill of indictment charging in the first count libel on the district attorney of Schuylkill County at the time he was a candidate for public office, and in the second count charging distribution of a defamatory circular without his signature, in violation of the Act of May 25, 1897, P. L. 85. The Superior Court sustained the conviction on both counts: 90 Pa. Superior Ct. 473. An appeal to this court was allowed on the constitutional question involved.

The Act of 1897 reads as follows: “An act punishing…