Oakes v. State

Citations

• 98 Miss. 80
• 54 So. 79

Syllabus

<p>1. Constitution 1890, § 13. Criminal libel. Province of court and jury. Evidence. Privileged commumcalions.</p> <p>Under Constitution 1890, § 13, providing that in prosecutions for libel, the jury may determine the law and the facts under the direction of the court, it is proper for the court to instruct that all the law to be considered by the jury in reaching a verdict is contained in its instructions and to refuse to permit counsel to read law books to the jury.</p> <p>2. Privileged Communications. Good motive.</p> <p>A communication imputing the commission of a criminal offense or of moral delinquency to a public officer, even in. the discharge of his official duties, is not privileged, and the only excuse for so doing is that the same is true and in addition that the same was published from “good motive and for justifiable ends.” If the communication is in fact untrue, the motive with which it is published' is wholly immaterial.</p> <p>•3. Same.</p> <p>Where the defense is that the matter charged to be libelous is true, the defendant should be allowed to testify that the publication was made with good motives and for justifiable ends.</p>