State v. Simpson
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. Berry G. Thurman, Judge. (1) Section 2258 of the Revised Statutes of the State of Missouri for 1899, is the statute under which this prosecution was had. (2) Section 2262 of the Revised Statutes of Missouri for 1899, requires the jury under the direction of the court, to determine the law and the fact.
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Appeal from Vernon Circuit Court. — Hon. Berry G. Thurman, Judge. (1) Section 2258 of the Revised Statutes of the State of Missouri for 1899, is the statute under which this prosecution was had. (2) Section 2262 of the Revised Statutes of Missouri for 1899, requires the jury under the direction of the court, to determine the law and the fact. (3) Under this section of the statute the court may instruct the jury as to the law of libel or slander in an advisory, but not in a mandatory way. See instructions numbered 1, 2 and 3; Grimes v. Thorp, 113 Mo. App. 658; State v. Armstrong, 106 Mo. App.…
1Opinion of the Court
ELLISON, J.t
Defendant was tried and convicted on a charge of criminal slander prohibited by section 2258, Revised Statutes 1899. The charge was by information filed in the circuit court.
The charge was that defendant said to the prosecuting witness that “I have been told that you caught a bad disease from her,” meaning a certain named woman.
The statute (section 2262, Revised Statutes 1899) is that “In all prosecutions for libel or slander, the truth thereof may be given in evidence to the jury, and *666shall constitute a complete defense; and the jury, under the direction of the court, shall…
2Cases cited8 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. BennettSupreme Court of Missouri · 1890
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- State v. ArmstrongSupreme Court of Missouri · 1891
- Arnold v. JewettSupreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. CrumpSupreme Court of Missouri · 1967
- State v. WestbrookMissouri Court of Appeals · 1914