Commonwealth v. Graffius

Citations

• 67 Pa. Super. 281
• 1917 Pa. Super. LEXIS 386

Syllabus

<p>Criminal law — Libel—Trial before particular judge.</p> <p>A person indicted for libel has no constitutional right to be tried by a particular judge. He cannot object to being tried before a judge; specially presiding, called in pursuance of the acts of assembly. ,</p> <p>Libel — Criminal law — Candidate for public office — Privileged communication — Malice.</p> <p>Where a publication imputes dishonorable and dishonest action to a person in his professional conduct, as well as in his private life, the publication is libelous per se; and on the trial of an indictment against a person publishing it, the court is justified in expressing its opinion upon its libelous character.</p> <p>• Where a publication reflecting upon the public and private conduct of a candidate for office is libelous on its face, the court commits no error, in instructing the jury that the occasion and subject-matter were proper and in leaving to them the question whether the manner was proper, the publication without malice and based upon reasonable- ground. The burden of proof in such a case is on the defendant to disprove malice.</p> <p>Where a defendant indicted for a publication of an article libelous on its face, testifies that he depended upon street rumors, such testimony is not sufficient to negative the presumed malice, unless the rumors were such as would convince a reasonably prudent man.</p>