Legal Opinion

Reid v. State

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 19 opinions

Appeal from City Court of Eufaula. Tried before Hon. Alpheus Baker. The indictment in this case contained four counts; it is only necessary, however, to refer to one of them.

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Appeal from City Court of Eufaula. Tried before Hon. Alpheus Baker. The indictment in this case contained four counts; it is only necessary, however, to refer to one of them. That count “charged that the defendant unlawfully, falsely, and maliciously published of and concerning John C. Williams and Anna McDonald, the following false, defamatory and libelous matter in writing, with the intent to defame said John C. Williams and Anna McDonald, to wit: [Here followed, literatim et verbatim, a letter addressed to A. V. Lee (whose name is signed to the indictment as solicitor), which in effect…

1Opinion of the CourtManning, J.

The Revised Code provides (§ 3553) : “Any person who publishes a libel of another person .... must be punished, on conviction, by fine and imprisonment in the county jail, or hard labor for the county", the fine not to exceed, in any case, five hundred dollars, and the imprisonment or hard labor not to exceed six months.”

By section 4132, it is enacted that: “In an indictment for a libel, it is not necessary to set forth any intrinsic [? extrinsic] facts for the purpose of showing ihe application to the libeled party of the defamatory matter on which the indictment is founded; it is sufficient…

2Cases cited5 opinions

  1. Ned v. StateSupreme Court of Alabama · 1838
  2. Nabors v. StateSupreme Court of Alabama · 1844
  3. Merritt v. EarleNew York Supreme Court · 1859
  4. Flanagan v. Meyer & Co.Supreme Court of Alabama · 1867
  5. Haynes v. SledgeSupreme Court of Alabama · 1835

3Cited by19 opinions

  1. Curry v. StateSupreme Court of Alabama · 1919
  2. Town of Athens v. MillerSupreme Court of Alabama · 1914
  3. Sanford v. StateSupreme Court of Alabama · 1904
  4. Henderson v. ReynoldsSupreme Court of Georgia · 1889
  5. Simmons v. StateSupreme Court of Alabama · 1900

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