State v. Paysse

Citations

• 80 Wash. 603
• 142 P. 3
• 1914 Wash. LEXIS 1601

Syllabus

<p>Libel and Slander—Criminal Prosecution—Malice—Presumptions—Statutes—Construction. Where the slander was not justified, it is presumed that the words were maliciously spoken, in a prosecution under Rem. & Bal. Code, § 2433, defining malicious slander impairing the reputation for chastity of a female over twelve years of age, and providing that every such slander shall he deemed malicious unless justified hy the fact that the language used is true and fair and spoken with good motives.</p> <p>Same—Criminal Prosecution—Evidence — Corroboration — Necessity—Statutes—Construction. Under Rem. & Bal. Code, § 2434, providing that a conviction for slander of a woman impairing her reputation for chastity cannot be had upon the testimony of the woman slandered unsupported by other evidence, corroboration is only necessary of the facts constituting the gravamen of the offense, so that the testimony of the prosecutrix tending to show that she was entitled to the protection of the statute need not be corroborated.</p> <p>Appeal—Briefs—Assignment of Errors. It is discretionary to allow errors to be assigned in a supplemental brief which were not mentioned in the principal brief on appeal.</p> <p>Criminal Law—'Appeal-—-Preservation of Grounds—Review. Upon appeal in a criminal case, error cannot be assigned upon the introduction of evidence to which no objection was made below.</p>