People v. Stephens

Citations

• 79 Cal. 428
• 21 P. 856
• 1889 Cal. LEXIS 746

Syllabus

<p>Criminal Law—Libel — Several Defamatory Charges in Same Article — Once in Jeopardy—Former Acquittal. — In a prosecution for libel, pleas Of once in jeopardy and former acquittal Of the offense charged are sustained by proof of a previous prosecution, trial, and acquittal of the defendant upon a charge of libel in the publication of a distinct false and defamatory charge against the same individual, contained in another paragraph of the same published article, and it is error to exclude evidence of such indictment, trial, and former acquittal in support of said pleas.</p> <p>Id. — Splitting up Crime. — The state cannot split up one crime and prosecute it in several parts; nor can a defendant be convicted and punished for two distinct crimes growing out of the same identical act. The law does not permit a single individual act to be divided, so as to make out of it two distinct indictable offenses. One newspaper article containing several alleged libels is but one act, and constitutes but one criminal offense.</p>