123 So. 916 (Fla. 1929), Ange v. State

• Citation: 123 So. 916, 98 Fla. 538
• Opinion Judge: BROWN, J.
• Party Name: ANGE v. STATE.
• Attorney: [98 Fla. 539] W. P. Chavous, of Cross City, and O. O. Edwards, of Mayo, for plaintiff in error. Fred H. Davis, Atty. Gen., and Roy Campbell, Asst. Atty. Gen., for the state.
• Case Date: September 30, 1929
• Court: Supreme Court of Florida

Page 916

123 So. 916 (Fla. 1929)

98 Fla. 538

ANGE

v.

STATE.

Florida Supreme Court, Division A.

September 30, 1929

Error to Circuit Court, Dixie County; Hal W. Adams, Judge.

Charlie H. Ange was convicted under a charge of defamation of character, and he brings error.

Reversed and remanded.

Strum and Buford, JJ., dissenting.

Syllabus by the Court

SYLLABUS

Defamatory language must be proved substantially as alleged in indictment, and allegation of publication to one is not supported by proof of publication to another (Comp. Gen. Laws 1927, § 7193). Defamatory language must be proved substantially as alleged in indictment for defamation of character under Comp. Gen. Laws 1927, § 7193, and allegation of publication of defamatory statement to one person is not supported by proof of publication to another.

Statement in county office pertinent to charge which defendant was preferring, and concerning which judge issued warrant, held privileged and inadmissible in prosecution for defamation (Comp. Gen. Laws, 1927, § 7193). Defamatory statement made by defendant while in county judge's office seeking to have warrant issued against prosecutrix, where pertinent to charge which defendant was preferring and to which he made affidavit to county judge who issued warrant, was privileged communication and inadmissible to sustain charge of defamation of character, in prosecution under Comp. Gen., Laws 1927, § 7193.

Defamatory words used by parties, counsel, or witnesses in due course of judicial procedure, where relevant and pertinent, are privileged (Comp. Gen. Laws 1927, § 7193). Defamatory words when used by parties, counsel, or witnesses in due course of judicial procedure, and when relevant to matter in hand and pertinent to subject of inquiry, are privileged, and cannot be made basis of prosecution for libel or defamation of character, under Comp. Gen. Laws 1927, § 7193, no matter how false or malicious such statements may be.

Statements made in judicial proceedings before competent court or magistrate are privileged, and privilege extends to judge, parties, counsel, and witnesses. Privilege applicable to defamatory statements made in course of judicial proceedings includes all proceedings before competent court or magistrate which are to result in determination or action by court or officer, and extends to protection of judge, parties...