State v. Barnes
Supreme Judicial Court of Maine
Exceptions from the District Court, Rice, J. Indictment, alleging that the defendant had composed, written and printed a false, scandalous, malicious and defamatory libel, of and concerning one J. R, charging him with having committed several offences, which are, by statute, made felonies. The trial was had upon a plea of not guilty. The defendant offered to prove certain acts of the said J. B., coming within the class of misdemeanors, but the evidence was rejected.
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Exceptions from the District Court, Rice, J. Indictment, alleging that the defendant had composed, written and printed a false, scandalous, malicious and defamatory libel, of and concerning one J. R, charging him with having committed several offences, which are, by statute, made felonies. The trial was had upon a plea of not guilty. The defendant offered to prove certain acts of the said J. B., coming within the class of misdemeanors, but the evidence was rejected. The indictment set forth that the defendant sent the libel to thee persons named, and to divers other persons to the jurors…
1Opinion of the Court
Shepley, C. J.,
orally.—The indictment alleges that the supposed libel was sent to several persons named. The de*533fendant contends that, though unnecessary to have alleged the sending to more than one person, yet having alleged the sending to many, the whole allegation must be proved.
Whatever allegation is descriptive of the offence must be proved. But the allegation of sending to more than one person was not descriptive of the offence. It was only an averment of the mode in which the offence was, in part, effected. The ruling of the Judge on that point was therefore correct.
2. The defendant…
2Cited by9 opinions
- People v. . CignaraleNew York Court of Appeals · 1888
- People v. BennettCalifornia Supreme Court · 1896
- Territory of New Mexico v. LobatoNew Mexico Supreme Court · 1913
- State v. DowdSupreme Court of Kansas · 1888
- Kaye v. Keeper of the JailSupreme Judicial Court of Maine · 1950
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