263 S.W. 316 | Tex. Crim. App. | 1924
Conviction is for libel, punishment having been assessed at a fine of $350.
In the early dawn of a July morning in 1922 there was found posted in various places in the city of Fredericksburg in Gillespie county, written in longhand, the following notice:
“Look Out! Look Out!
“There is a brown fellow here, in town the people call him the secondhand lawyer. His grandfather was a regular horse thief and his father was and is a hog and cattle thief. Now that secondhand lawyer is stealing and robbing the people by law. Therefore look out! Look out! for that hypocrite quick and he will make any man miserable whoever 'comes in contact with him. , He is worse than an open thief and worse than a highway robber. Believe me you can not trust him, not even in a s- h — — without a muzzle on.”
It is alleged that appellant made, published, and posted said notices with intent to injure A. P. C. Petsch, and that the statements therein contained were made of and concerning him. Mr. Petsch was an attorney at Fredericksburg. He was representing a number of clients whose interests were adverse to those of appellant. The latter entertained unfriendly feelings towards Petsch. On more than one occasion appellant had been heard to verbally express towards the grandfather and father of Petsch sentiments similar to those contained in the poster. A number of witnesses who were familiar with the signature and writing of appellant testified that in their opinion the libelous matter was written by him. We think it is made to appear with reasonable certainty that appellant was the author of the libel, and that it referred to A. P. C. Petsch. No defensive evidence whatever was offered.
By motions to-quash and in arrest of judgment complaint is made of the indictment- as lacking in explanatory or innuendo aver-ments. The language hereinabove set out is given in the indictment as pie alleged libelous matter. That it is of such character appears not open to debate. The innuendo aver-ments claimed to be insufficient relate to allegations showing that the language was intended to refer to A. P. G. Petsch. ' In this respect we think the criticism without foundation.
Binding no errors in the record calling for a reversal, the judgment is affirmed.
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