Riley v. State
Supreme Court of Alabama
Appeal from Dale Circuit Court. Tried before Hon. A. A. Evans. The appellant ivas tried and convicted under an indictment which charged that he “did falsely and maliciously speak of and concerning Mattie Newsome, in the presence of Archie Evans and Ed Gutchen, charging her with a want of chastity, in substance as follows: That Archie Newsome was keeping* Ms sister, Mattie Newsome, against the peace and dignity of the State of Alabama.”
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Appeal from Dale Circuit Court. Tried before Hon. A. A. Evans. The appellant ivas tried and convicted under an indictment which charged that he “did falsely and maliciously speak of and concerning Mattie Newsome, in the presence of Archie Evans and Ed Gutchen, charging her with a want of chastity, in substance as follows: That Archie Newsome was keeping* Ms sister, Mattie Newsome, against the peace and dignity of the State of Alabama.” On the trial of the ease the State introduced Archie Evans as a witness, who testified that before the finding of this indictment he and Ed Gutchen and…
1Opinion of the CourtSharpe, J.
— Malice being an ingredient of the offense charged, evidence of repetitions of the alleged slanderous words subsequent to the indictment was admissible to show in what spirit they were spoken at the time alleged in the indictment.—Ware v. Cartledge, 24 Ala. 622; Scott v. McKinnish, 15 Ala. 662; Parmer v. Anderson, 33 Ala. 78; Eldridge v. State, 27 Fla. 162; 3 Green. Ev., § 168; 13 Am. & Eng. Ency. Law (1st ed.), 490.
The offense was complete if at the time laid in the indictment defendant spoke the words as charged, and they were both false and malicious.—Code, § 5065. If such was the case…
2Cases cited5 opinions
- Eldridge v. StateSupreme Court of Florida · 1891
- Ware v. CartledgeSupreme Court of Alabama · 1854
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Beal v. StateSupreme Court of Alabama · 1892
- Parmer v. AndersonSupreme Court of Alabama · 1858
3Cited by9 opinions
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Ivey v. StateSupreme Court of Alabama · 2001
- Alabama Great Southern R. R. v. PounceyAlabama Court of Appeals · 1913
- Krasner v. StateSupreme Court of Alabama · 1946
- Butler v. StateSupreme Court of Alabama · 1909
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