State v. Elliott

The opinion of the court was delivered by

McElroy, J.:

This was a prosecution for criminal libel brought in the district court of Doniphan county. The defendant was found guilty and appeals to this court. There are two grounds of error relied upon which require a reversal of the judgment.

1. That the court erred in overruling appellant’s motion to quash the information for the reason that it does not state a public offense. The information charges:

“That on or about the 12th day of August, 1899, one Frank W. Elliott was the editor and publisher, in said Doniphan county, of a weekly newspaper…