Moody v. State

• Decision Date: 04 February 1892
• Citation: 94 Ala. 42,10 So. 670
• Parties: MOODY v. STATE.
• Court: Alabama Supreme Court

10 So. 670

94 Ala. 42

MOODY v. STATE.

Supreme Court of Alabama

February 4, 1892

Appeal from city court of Mobile; O. J. SEMMES, Judge.

John J Moody was indicted and convicted of criminal libel, and appeals. Reversed.

Wm. L. Martin, Atty. Gen., for the State.

WALKER J.

Mr Wharton, in discussing the offense of libel under the common law, says: "Whatever, if made the subject of civil action, would be considered libelous without laying special damage, is indictable in a criminal court." 2 Whart. Crim. Law, (9th Ed.) 1598. Another standard text-writer on criminal law thus defines the offense of libel: "It is any representation in writing, or by pictures, effigies, or the like, calculated to create disturbances of the peace, to corrupt the public morals, or to lead to any act which, when done, is indictable." 2 Bish. Crim. Law, (7th Ed.) § 907. Again, it is stated in a recent commentary on the subject that "any publication which has a tendency to disturb the public peace or good order of society is a libel by the common law, and is indictable as such." Newell Defam. 937. In a civil action for damages this court has given the following definition of libel: "Generally, any false and malicious publication, when expressed in writing or printing, or by signs or pictures, is a libel, which charges an offense punishable by indictment, or which tends to bring an individual into public hatred, contempt, or ridicule, or charges an act odious and disgraceful in society. This general definition may be said to include whatever tends to injure the character of an individual, or blacken his reputation, or imputes fraud, dishonesty, or other moral turpitude, or reflects shame, or tends to put him without the pale of social intercourse." Publishing Co. v Crudup, 85 Ala. 519, 5 South. Rep. 332. The above definitions are to be looked to in determining whether a publication is libelous; for, while our Criminal Code provides for the punishment of libel, yet it does not define the offense further than to state the fact or circumstance which renders the libel punishable as a crime. It is clear, however, that the comprehensive definitions of criminal libel under the common law include offenses which are not punishable under our statute. The statute on the subject provides that "any person, who publishes a libel of another which may tend to prove a breach of the peace, must be punished, on conviction," etc. Code Ala. § 3771. This is a general provision prescribing the kind of libel which is to be punished criminally. A publication which is a libel within the definitions above quoted is not within the terms of the statute unless it "may tend to provoke a breach of the peace." That the publication has such a tendency is the fact which renders the libel punishable under the statute. The offense...