Items related to A Treatise on the Law of Slander and Libel (Volume...
A Treatise on the Law of Slander and Libel (Volume 2); And Incidentally of Malicious Prosecutions - Softcover
This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1830. Not illustrated. Excerpt: ... upon the face of the record, the distinction is preserved by the honesty of the jury. His lordship concluded by giving the judgment of the court, that the rule for a new trial should be discharged (x). Lord Kenyon, C. J. adopted Lord Mansfield's doctrine in summing up to the jury in the case of the King v. Withers (y). After this brief review of the principal decisions upon this interesting topic, little remains, but to quote the terms used by the legislature, when parliament deemed it proper to interfere and remove all doubt from this important subject. In the statute 32 George III. c. 60. it is recited that doubts had arisen, whether, on the trial of an indictment or information for the making or publishing any libel, when 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 impannelled to try the same to give their verdict upon the whole matter in issue; and it is then declared and enacted that on every such trial the jury (i) Mr. Erskine afterwards moved in arrest of judgment, and judgment was arrested, the court considering the indictment to be defective. : (y) ST. R. 428. 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, and shall not be required or directed by the court or judge, before whom such indictment or information shall be tried, to find the defendant or defendants guilty, merely on the proof of the publication by such defendant or defendants of the paper charged to be a libel, and of the sense ascribed to the same in such indictment or information. By the second section it is provided, " that on every such trial the court or judge, before whom such indict...
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- PublisherGeneral Books LLC
- Publication date2012
- ISBN 10 1150203129
- ISBN 13 9781150203121
- BindingPaperback
- Number of pages116
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