Latimer v. Oyler

Citations

• 108 Kan. 476
• 196 P. 610
• 1921 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Slander — Words Used in Argument to Jury — When Language is Privileged. An attorney defending- a client on the charge of statutory rape, in his argument to the jury asserted that the girl’s mother who was present and assisting in the prosecution knew who killed another daughter of hers and was conniving with the complaining witness to shield the murderer whom he charged with being guilty of the offense laid in the prosecution he was defending. It was shown that he stated that he made these assertions from his opinion of the testimony in the criminal action. Held, in an action for slander based thereon that such language was privileged, and the demurrer to the plaintiff’s evidence was rightfully sustained.</p>