Brooke v. State
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Richardson. Prosecution of H. Y. Brooke for libel. From a judgment overruling defendant’s demurrer to the complaint, and sustaining demurrers to special pleas of defendant, he appeals. The defendant was tried for publishing a libel which tended to provoke a breach of the peace. The information filed by the solicitor in the case is set out in the .opinion of the court.
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Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Richardson. Prosecution of H. Y. Brooke for libel. From a judgment overruling defendant’s demurrer to the complaint, and sustaining demurrers to special pleas of defendant, he appeals. The defendant was tried for publishing a libel which tended to provoke a breach of the peace. The information filed by the solicitor in the case is set out in the .opinion of the court. The demurrers filed thereto are as follows: “(1) Said statement or complaint fails to aver that the alleged libelous matter is false. (2) It fails to aver that the said…
1Opinion of the CourtDowdell, J.
It appears from the record that this case was appealed from the county court to the circuit court. In the latter court it was tried on a complaint filed by the solicitor under section 4627 of the Criminal Code of 1896. In the circuit court a demurrer was interposed to the complaint, which the court overruled. The complaint charges as follows: “The.State of Alabama, by its solicitor, complains of Hadley Y. Brooke-that within 12 months before the commencement of this prosecution he, the said Hadley Y. Brooke, being the publisher of a newspaper in said county, did unlawfully and maliciously…
2Cases cited3 opinions
- Reid v. StateSupreme Court of Alabama · 1875
- Moody v. StateSupreme Court of Alabama · 1891
- McCormack Harvesting Machinery Co. v. ClaytonSupreme Court of Alabama · 1907
3Cited by2 opinions
- Krasner v. StateAlabama Court of Appeals · 1946
- Krasner v. StateSupreme Court of Alabama · 1946