Halstead v. Nelson
New York Supreme Court
Appeal by the defendant from a judgment, entered on the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried* January 19, 1878, some person mailed do defendant’s wife a printed paper recommending and advertising articles for the prevention of conception and for procuring abortions, and stating where the articles could be purchased.
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Appeal by the defendant from a judgment, entered on the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried* January 19, 1878, some person mailed do defendant’s wife a printed paper recommending and advertising articles for the prevention of conception and for procuring abortions, and stating where the articles could be purchased. A few recommendatory words were written in pencil on Dhe paper, and the written and printed matter was signed in pencil, “ a lady friend.” The complaint contains three counts:…
1Opinion of the Court
Follett, J.:
Mailing a circular of tbe kind described in tbe statement of facts ■was, in 1878, an indictable misdemeanor by the laws of this State (chap. 717, § 2, Laws 1872, since made a part of the Penal Code, §§ 318, 319), and by the laws of the United States (U. S. P. S. [2d ed.], § 3893). Charging a person with the commission of an indictable offense involving moral turpitude, is slander per se. (Young v. Miller, 3 Hill, 21; Towns. Sl. and Lib., § 154; Folkard’s Starkie on Sland. and Libel, chap. 2, § 14.)
We think it cannot be questioned that the commission of the offense charged involves…
2Cases cited7 opinions
- Carl v. . AyersNew York Court of Appeals · 1873
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
- Howard v. ThompsonNew York Supreme Court · 1839
- Mitchell v. WallMassachusetts Supreme Judicial Court · 1873
- Maria De La Solidad De Arguello and v. The United States. The United States v. Maria De La Solidad De ArguelloSupreme Court of the United States · 1856
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