Legal Opinion

State v. Farley

Court of Appeals of South Carolina

Decided November 15, 1827Published

This was an indictment for a libel. — The writing set out in the indictment was the following letter from the defendant to William Rouse, in whose house the prosecu-trix,Jane Reynal, lived : — “ Dear Sir, as Mrs. Reyna! says she has been most cruelly censured without a cause, which is absolutely false, I would advise her to beware, lest facts, which are stubborn things, be brought to light, and you will then see who you keep under your roof.

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This was an indictment for a libel. — The writing set out in the indictment was the following letter from the defendant to William Rouse, in whose house the prosecu-trix,Jane Reynal, lived : — “ Dear Sir, as Mrs. Reyna! says she has been most cruelly censured without a cause, which is absolutely false, I would advise her to beware, lest facts, which are stubborn things, be brought to light, and you will then see who you keep under your roof. She need not go among her female friends and say she has been cruelly censured, as from her general character, which is perfectly and universally known,…

1Opinion of the Court

Curia per

Johnson, J.

The evidence offered in support of the inuendoes contained in the indictment against the defendant, was, and I think very properly, rejected by the Court; but the verdict is, notwithstanding, right, tí the paper writing set forth contains within itself, without the aid of the inuendoes, libellous matter. The inuen-does maybe rejected as surplusage. Such is the rule laid down in the case of Roberts vs. Camden, 9 East. 95, and for the purposes of this motion, it was enough to inquire *321whether the paper writing here set out did not contain such matter. To ascertain this, it…

2Cases cited1 opinion

  1. Ross v. McGuffinCourt of Appeals of Texas · 1884

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