A Treatise on the Law of Slander and Libel: And Incidentally of Malicious Prosecutions, Volume 2J. and W. T. Clarke, 1830 |
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Página 13
... indictment on the ground of its ten- dency to produce a breach of the peace ( c ) . Where a witness , who has heard scandalous words spoken , has committed them immediately to writing , he may afterwards read the paper in evi- dence ...
... indictment on the ground of its ten- dency to produce a breach of the peace ( c ) . Where a witness , who has heard scandalous words spoken , has committed them immediately to writing , he may afterwards read the paper in evi- dence ...
Página 42
... indictment for a libel , Holt's R. 422. R. v . Knell , Barnard , K. B. 305. R. v . Carter , 9 St. Tr . ) and that the composing and writing , with the intent afterwards to publish , also amounted to a misdemeanor ; and that a jury of ...
... indictment for a libel , Holt's R. 422. R. v . Knell , Barnard , K. B. 305. R. v . Carter , 9 St. Tr . ) and that the composing and writing , with the intent afterwards to publish , also amounted to a misdemeanor ; and that a jury of ...
Página 43
... indicted , in London , for a libel published in that paper . The prosecutor gave in evidence the affidavits sworn by the defendants , according to the stat . 38 G. 3. c . 78 ( d ) , with their hands - writing parts , each of which was ...
... indicted , in London , for a libel published in that paper . The prosecutor gave in evidence the affidavits sworn by the defendants , according to the stat . 38 G. 3. c . 78 ( d ) , with their hands - writing parts , each of which was ...
Página 50
... indict- ment charges the defendant with composing , printing , and publishing a libel , he may be found . guilty of ... indicted ( p ) . Next , as to proof of the colloquium or innuen- dos . Having proved the act of speaking the words ...
... indict- ment charges the defendant with composing , printing , and publishing a libel , he may be found . guilty of ... indicted ( p ) . Next , as to proof of the colloquium or innuen- dos . Having proved the act of speaking the words ...
Página 51
... indictment , where the illegality of the words or libel depends upon their application to such extrinsic facts . This is usually done by the testimony of one or more witnesses who know the parties and cir- cumstances , and who can state ...
... indictment , where the illegality of the words or libel depends upon their application to such extrinsic facts . This is usually done by the testimony of one or more witnesses who know the parties and cir- cumstances , and who can state ...
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Volume 2 Thomas Starkie Visualização integral - 1843 |
Palavras e frases frequentes
acquitted action admitted affidavit aforesaid afterwards alleged libel appears attorney attorney-general averment blasphemous libel cause and procure character charge committed common law concerning contempt convicted criminal declaration defendant defendant's divers evidence fact false felony fendant granted grievances guilty hand-writing held Holt imprisoned imputed indictment injure innuendos intention Jean Peltier judgment jury King's Bench letter Lord Ellenborough Lord Mansfield Lord the King magistrate Majesty's Majesty's government malicious matter meaning ment mitigation of damages Napoleon Bonaparte newspaper observed offence opinion pamphlet paper party peace perjury person plaintiff plea printing and publishing probable cause proceedings proof prosecution prosecutor prove publication publishing a libel punishable question racter reason Salk scandalous Scandalum Magnatum seditious libel seems shew slander special damage spoken Star Chamber Starkie's statute sufficient Supra tending tion trial unlawfully verdict warrant wickedly worthy subjects writing
Passagens conhecidas
Página 413 - Columbia, laborer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Página 355 - ... the Jury sworn to try the issue may give a general verdict of guilty or not guilty upon the whole matter put in issue upon such indictment or information...
Página 354 - An Act to remove Doubts respecting the Functions of Juries in Cases of Libel. [AD 1792.] " WHEREAS doubts have arisen whether on the trial of an indictment or information for the making or publishing any libel, where an issue or issues are joined between the king and the defendant or defendants, on the plea of not guilty pleaded, it be competent to the jury impanelled to try the same to give their verdict upon the whole matter in issue...
Página 192 - In contempt of our said Lord the King, in open violation of the laws of this kingdom, to the evil and pernicious example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity.
Página 175 - What a crowd of blessings rush upon one's mind, that might be bestowed upon the country in the event of a total change of system ! Of all monarchs, indeed, since the revolution, the successor of George the Third will have the finest opportunity of becoming nobly popular.
Página 116 - May aforesaid, in all actions of trespass, assault and battery, and other personal actions, wherein the judge at the trial of the cause shall not find and certify under his hand upon the back of the record, that an assault and battery was sufficiently proved by the plaintiff against the defendant, or that the freehold or title of the land mentioned in the plaintiff's declaration was chiefly in question...
Página 41 - Upon this evidence, the learned judge left it to the jury to say, whether there was...
Página 344 - But where the act is itself unlawful, as in the case of a libel, the PROOF of justification or excuse lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Página 193 - It is no new doctrine that if a publication be calculated to alienate the affections of the people, by bringing the government into disesteem, whether the expedient be by ridicule or obloquy, the person so conducting himself is exposed to the inflictions of the law.
Página 370 - ... tending to bring into hatred or contempt the Person of his Majesty, his heirs or successors, or the Regent, or the Government and Constitution of the United Kingdom as by law established, or either House of Parliament, or to excite his Majesty's subjects to attempt the alteration of any matter in Church or State as by law established, otherwise than by lawful means...