State v. Grinstead
Court of Appeals of Kansas
Appeal from Doniphan district court; Wm. I. Stuart, judge. STATEMENT. This is an appeal from a judgment of conviction upon an information charging libel in four different counts, based upon four different publications in a newspaper called the Wathena Star, of which the defendant was editor and publisher.
Read the full summary
Appeal from Doniphan district court; Wm. I. Stuart, judge. STATEMENT. This is an appeal from a judgment of conviction upon an information charging libel in four different counts, based upon four different publications in a newspaper called the Wathena Star, of which the defendant was editor and publisher. The article charged in the first count to have been published by the defendant is set forth in the information as follows : ‘ ‘ It would be hoped that no dirty scandals would attach to the present republican administration, and that a record would be made whereby we could march proudly…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J.:
The motion to quash went to the entire information. If either count charged an offense the motion was properly denied. The supreme court of Massachusetts, in Carter v. Andrews, 16 Pick. 6, says:
“Whenever words have the slanderous meaning alleged, not by their-own intrinsic force, but by reason of the existence of some extraneous fact, this fact must be averred in a traversable form, which averment is called the ‘inducement.’ There must then be a colloquium averring that the slanderous words were *88spoken of or concerning this fact. Then the…
2Cases cited2 opinions
- State v. WaitSupreme Court of Kansas · 1890
- State v. AtkinsSupreme Court of Vermont · 1869
3Cited by4 opinions
- Blackwell v. StateSupreme Court of Florida · 1918
- Howell v. StateSupreme Court of Florida · 1919
- Lyle v. CollierCourt of Appeals of Texas · 1933
- State v. KyneCourt of Appeals of Kansas · 1900