People v. Stephens
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The principal facts are stated in the opinion of the court.
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Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial. The principal facts are stated in the opinion of the court. The evidence offered in support of the pleas of once in jeopardy and former acquittal consisted of the record of a previous prosecution, trial, and verdict of acquittal of the defendant in the same court upon a charge of having published in another paragraph of the same newspaper article which contained the libelous charge, specified in the information in this case, a distinct charge of and concerning Horace Bell, viz., that…
1Opinion of the CourtSharpstein, J.
— Appellant was tried and convicted of libel, upon an information which alleged that he published of and concerning one Horace Bell that “ it was a common report at the time his wife went crazy that it was because that just subsequent to confinement she detected him in flagrante delictu with a female negro servant.”
In addition to. the plea of not guilty, the defendant pleaded once in jeopardy and former acquittal. On the trial the defendant offered to prove by competent evidence that he had been indicted, tried, and acquitted upon a charge of libel based upon the publication of the same…
2Cases cited4 opinions
- Jackson v. StateIndiana Supreme Court · 1860
- State v. BenhamSupreme Court of Connecticut · 1829
- State v. SmithSupreme Court of Vermont · 1871
- Fisher v. CommonwealthCourt of Appeals of Kentucky · 1866
3Cited by24 opinions
- People v. GreerCalifornia Supreme Court · 1947
- People v. McDanielsCalifornia Supreme Court · 1902
- People v. SchroederCalifornia Court of Appeal · 1968
- Harry Morris Sherman v. United StatesCourt of Appeals for the Ninth Circuit · 1957
- People v. BunkersCalifornia Court of Appeal · 1905
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