Legal Opinion

People v. Fuller

Illinois Supreme Court

Decided February 19, 1909PublishedCited by 32 opinions

Writ or Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Lee county; the Hon. O. E. Heard, Judge, presiding. Plaintiff in error was indicted for criminal libel in the circuit court of Lee county and upon trial was convicted and sentenced to pay a fine of $200 and costs. This conviction was affirmed by the Appellate Court and a writ of error was thereafter sued out from this court.

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Writ or Error to the Appellate Court for the Second District;—heard in that court on writ of error to the Circuit Court of Lee county; the Hon. O. E. Heard, Judge, presiding. Plaintiff in error was indicted for criminal libel in the circuit court of Lee county and upon trial was convicted and sentenced to pay a fine of $200 and costs. This conviction was affirmed by the Appellate Court and a writ of error was thereafter sued out from this court. The indictment consisted of two counts, the first of which charged defendant with publishing in a newspaper called the Dixon Daily Sun a false,…

1Opinion of the CourtJustice Carter

Plaintiff in error first contends that the article as set out in the first count is not libelous in its nature as it does not charge Merriman with a crime but only with having drawn money from the treasury without previous authorization from the board of supervisors, and that the word “filch” does not necessarily import a crime. Under the statute any malicious defamation tending to impeach the honesty, integrity, virtue or reputation of another, and thereby to expose him to public hatred, contempt, ridicule or financial injury, is a libel. It is not necessary that it should amount to a charge…

2Cases cited18 opinions

  1. Commonwealth v. MorganMassachusetts Supreme Judicial Court · 1871
  2. Whittemore v. PeopleIllinois Supreme Court · 1907
  3. Nelson v. BorcheniusIllinois Supreme Court · 1869
  4. People v. FosterIllinois Supreme Court · 1890
  5. State v. MasonOregon Supreme Court · 1894

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3Cited by32 opinions

  1. Beauharnais v. IllinoisSupreme Court of the United States · 1952
  2. Cook v. East Shore Newspapers, Inc.Appellate Court of Illinois · 1945
  3. People v. StrauchIllinois Supreme Court · 1910
  4. LaGrange Press v. Citizen Publishing Co.Appellate Court of Illinois · 1929
  5. The People v. SpielmanIllinois Supreme Court · 1925

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