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Commonwealth v. Blanding, 3 Pick. 304, 20 Mass. 304, 1825 WL 1584, 15 Am.Dec. 214

Facts

The defendant was charged with publishing a false and libelous statement about Enoch Fowler in the Providence Gazette, a newspaper that circulated in Rehoboth, Bristol County. The defendant delivered the writing to the printer in Rhode Island, and it was published at his request. Evidence showed that the issue containing the libel was received and circulated in Rehoboth. The defendant attempted to introduce evidence to prove the truth of the allegations, but this was not permitted by the court.

The defendant was charged with publishing a false and libelous statement about Enoch Fowler in the Providence Gazette, a newspaper that circulated in Rehoboth, Bristol County.

Issue

The main legal issues were whether the publication constituted libel within the county of Bristol and whether the truth of the allegations could be admitted as evidence in the libel case.

The main legal issues were whether the publication constituted libel within the county of Bristol and whether the truth of the allegations could be admitted as evidence in the libel case.

Rule

The court applied the rule that the truth of a libel is generally not admissible in evidence, and that malicious intent in a libel case is an inference of law.

The court applied the rule that the truth of a libel is generally not admissible in evidence, and that malicious intent in a libel case is an inference of law.

Analysis

The court determined that the publication in the Providence Gazette, which circulated in Rehoboth, was sufficient evidence of libel within the county of Bristol. The judge instructed the jury that they could not consider the truth of the allegations, as it was not admissible, and that they were bound to follow the law as established, which held that malicious intent was inferred from the nature of the publication.

The court determined that the publication in the Providence Gazette, which circulated in Rehoboth, was sufficient evidence of libel within the county of Bristol.

Conclusion

The court upheld the conviction for libel against the defendant, concluding that the evidence supported the jury's finding of malicious intent.

The court upheld the conviction for libel against the defendant, concluding that the evidence supported the jury's finding of malicious intent.

Who won?

The Commonwealth prevailed in the case, as the court found sufficient evidence of libel and upheld the conviction based on the established legal principles regarding libel and malicious intent.

The Commonwealth prevailed in the case, as the court found sufficient evidence of libel and upheld the conviction based on the established legal principles regarding libel and malicious intent.

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