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16 Tex. Ct. App. 252

Woody v. State

Court of Appeals of Texas

Decided May 17, 1884

Court of Appeals of Texas · decided 1884-05-17

Tried below be'fore the Hon. R. E. Beckham, County Judge. i The conviction was for the malicious circulation of a libel, land the penalty imposed was a fine of two hundr.ed and fifty ■dollars.

Decided 1884-05-17

White, Presiding Judge.’

¶1There can be no question as to the fact that the newspaper publication, which is the subject matter of the charge laid in the indictment, is libelous per se, and, in our opinion, the indictment is amply sufficient to charge the, offense of libel.

¶2*258We are further of opinion that the evidence fully establishes the fact that defendant circulated the libel with malicious design, by reading and exhibiting it to others (Penal Code, Art. 621), and that he did so with intent to injure the reputation of Bur chill, the libeled party. (Penal Code, Art. 616.)

¶3We find no error in the proceedings and judgment of conviction in this case for which the judgment should be reversed, and it is therefore affirmed.

¶4- Affirmed,

¶5Opinion delivered May 17, 1884.

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