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132 Ala. 13

Riley v. State

Supreme Court of Alabama

Decided February 6, 1902

Supreme Court of Alabama · decided 1902-02-06

Tried before Hon. A. A. Evans. The appellant ivas tried and convicted under an indictment which charged that he “did falsely and maliciously speak of and concerning Mattie Newsome, in the presence of Archie Evans and Ed Gutchen, charging her with a want of chastity, in substance as follows: That Archie Newsome was keeping* Ms sister, Mattie Newsome, against the peace and dignity of the State of Alabama.” On the trial of the ease the State introduced Archie Evans as a…

Key passage — most relied on by later courts

“[N]or was it essential to conviction that the utterance should have been intentionally wrong or reckless.”

quoted by 1 later decision, including Ivey v. State

Relies on Eldridge v. State · Ware v. Cartledge · Scott v. McKinnish

Good law ✅— No negative treatment on recordhow we know

Decided 1902-02-06

How this case has been cited

Cited by 9 later decisions — most recently July 2001

9 state decisions

3019021910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

SHARPE, J.

¶1— Malice being an ingredient of the offense charged, evidence of repetitions of the alleged slanderous words subsequent to the indictment was admissible to show in what spirit they were spoken at the time alleged in the indictment.—Ware v. Cartledge, 24 Ala. 622; Scott v. McKinnish, 15 Ala. 662; Parmer v. Anderson, 33 Ala. 78; Eldridge v. State, 27 Fla. 162; 3 Green. Ev., § 168; 13 Am. & Eng. Ency. Law (1st ed.), 490.

¶2The offense was complete if at the time laid in the indictment defendant spoke the words as charged, and they were both false and malicious.—Code, § 5065. If such was the case the existence of ’probable grounds, other than the truth of those words, though admissible to be shown as tending to disprove malice (Beal v. State, 99 Ala. 234), did not excuse the uterance; nor was it essential to conviction that the utterance should have been intentionally wrong or reckless. Such being the law, there was no error either in the admission of evidence to which exceptions were reserved or in refusing charges requested by defendant.

¶3Affirmed.

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