Republican Pub. Co. v. Miner
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This action was brought by the appellee, Eliza J. Miner, against the appellant, the Republican Publishing Company, for libel.
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Appeal from District Court of Arapahoe County. This action was brought by the appellee, Eliza J. Miner, against the appellant, the Republican Publishing Company, for libel. The matter constituting the alleged libel was as follows: “A Fiendish Act —An Attempt at Murder by the Poisoning oe the Family of J. T. Potter—Eight Persons, after Partaking of a Meal, are Stricken down by Sickness, which proves to i-iave been caused by Arsenic, administered in Food —The Hidden Mystery connected with the Affair — Condition of the Patients. “One of the most desperate attempts at murder the criminal annals…
1Opinion of the Court
Stallcup, C.
1. Against the objection of appellant, the court permitted witnesses for appellee to testify as to their understanding-of what was charged by the said matter so published June 21st; their testimony being that *86they understood that the offense of attempt to murder by poisoning was charged thereby. I think this evidence was improperly admitted, and that the evidence so admitted was prejudicial to appellant. By section 10, article 2, of our constitution it is provided that in cases of this kind, under the direction of the court, the jury shall determine the law and the fact. '
The…
2Cases cited6 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- Bush v. . ProsserNew York Court of Appeals · 1854
- Murphy v. HobbsSupreme Court of Colorado · 1884
- Trotter v. . HughesNew York Court of Appeals · 1854
- Bisbey v. . ShawNew York Court of Appeals · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- French v. DeaneSupreme Court of Colorado · 1894
- Bee Publishing Co. v. World Publishing Co.Nebraska Supreme Court · 1900
- Republican Pub. Co. v. MosmanSupreme Court of Colorado · 1890
- Switzer v. AnthonySupreme Court of Colorado · 1922
- Dorn & McGinty v. CooperSupreme Court of Iowa · 1908
6 more not listed; retrieve them via the Exa API.