State v. Mays

Citations

• 57 Wash. 540
• 107 P. 363
• 1910 Wash. LEXIS 793

Syllabus

<p>Appeal — Review—Ebeobs Considered — Cobbect Decision Based on Ebboneoits Ground. Upon an assignment of error in rejecting an offer of proof, which was not broad enough in some particulars, error of the court in rejecting the offer upon another specific ground will be reviewed on appeal, where any change in the form of the offer would have been unavailing to appellant.</p> <p>Libel and Slandee — Criminal Prosecution — Defenses—Teuth of Charge — Common Law. At common law, which prevails in this state except as modified by statute, the truth of a libelous charge was not a defense to a criminal prosecution.</p> <p>Same — Statutes — Evidence of Truth — Admissibility. Under Rem. & Bal. Code, § 2157, providing that the truth of a criminal libel may be given in evidence, and the accused shall be acquitted if the jury find that the matter charged was a crime punishable by fine or imprisonment, and was true, and published with good motives and justifiable ends, the truth is available as a defense only where such a crime was charged with good motives, etc.; and the right to give evidence of the truth is limited to such cases.</p> <p>Same — -“Defamation”—Falsity of Charge. “Defamation” as used in Rem. & Bal. Code, § 2777, defining criminal libel does not imply that the defamatory words are false, as the statute is simply declaratory of the common law in which the truth of the charge was no defense.</p>