Oakes v. State
Mississippi Supreme Court
Appeal from the circuit court of Lawrence county. Hon. J. B. Webb, Special Judge. J. C. Oakes was convicted of criminal libel and appeals. The propositions of the law for which we contend are these: 1st. The publication of a truth upon a lawful occasion can not be libelous. The undisputed facts in this case made the occasion a lawful one, and if the publication was in fact true, the defendant was not guilty.
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Appeal from the circuit court of Lawrence county. Hon. J. B. Webb, Special Judge. J. C. Oakes was convicted of criminal libel and appeals. The propositions of the law for which we contend are these: 1st. The publication of a truth upon a lawful occasion can not be libelous. The undisputed facts in this case made the occasion a lawful one, and if the publication was in fact true, the defendant was not guilty. We submit that the defendant would have been acquitted upon this principle or at least might have been acquitted upon this principle of law, if the same had been submitted to the jury,…
1Opinion of the CourtSmith, J.
Appellant was indicted and convicted in the court below of libel, and appeals to this court. The indictment alleged that he had published and circulated a handbill, charging the circuit judge of the district with having committed several high crimes and misdemeanors, setting out the particulars thereof, while in the discharge of his official duties. Appellant’s defense was that the statements made by him were true, and were published with good motives and for justifiable ends. One of the instructions ■ given' by the court to the jury, at the request of the state, was as follows: “The court…
2Cases cited12 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- Franklin v. StateCourt of Appeals of Maryland · 1858
- State v. BurpeeSupreme Court of Vermont · 1892
- Commonwealth v. McManusSupreme Court of Pennsylvania · 1891
- Moschell v. StateSupreme Court of New Jersey · 1892
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