71 Tenn. 729 | Tenn. | 1879
delivered the opinion of the court.
This is an indictment for libel, quashed in the -court below and appealed by the State. The indict-ment has two counts, the first against Atchison and Buck, the second against the Banner Publishing Co. The matter alleged is the same in both counts.
It is conceded, or certainly cannot be denied, that the publication is libelous, if it is published in the sense of the law of and concerning the individuals alleged. It is ’ matter calculated to give those who read the charge an ill opinion of the party, and to lower their-
The artiele complained of, published in the Nashville Banner, is set out. It charges the existence of a "scoundrelly ring,” a band of conspirators, who have defrauded, cheated, swindled, plundered and robbed, with other equally choice and vigorous denunciations.
Without quoting at length from the indictment, it suffices to say that it is clearly and definitely averred that these charges were intended to be and were applied to the parties mentioned. Whether under the former more stringent rules this would be sustainable, we need not now inquire. By sec. 5131 of the Code, it is enacted that "an indictment for libel need not set 'forth any extrinsic facts for the purpose of showing the application to the party libeled, of the defamatory matter upon which the indictment is founded, but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published shall be established - on the trial.”
The averments of this indictment are unquestionably in compliance with the requirements of this section, and must be held good.
"We see no ground on which the judgment can be sustained, and reverse it, remanding the case for further proceedings.