46 Mo. App. 233 | Mo. Ct. App. | 1891
This is a prosecution by indictment for slander, under section 3868, Revised Statutes, 1889. Three defendants are joined in one indictment, father, mother and son. They are charged to have “then and there” given utterance to the slanderous and defamatory words. They -were convicted. Objection is made to the joinder. It has been held that the offense here charged is in its nature separate, and cannot be committed jointly. The better doctrine is, however, to the contrary. If they all give voice to the same utterance at the same time, or if all concur in the utterance of one, they may be proceeded against jointly. 2 Bishop’s Crim. Proc., sec. 811; 1 Bishop’s Crim. Proc., secs. 467, 170; 2 Bishop’s Crim. Law, sec. 948.’ In the case at bar
“ There are two people in Cheltenham town ;
The one a lusty spark ;
They both do take delight in game ;
Each one doth keep a park.
In one, there is a buck ; in the other, there’s a doe,
And if yon can but favor get, a hunting you may go ;
But if that she is going proud, and. like to be at rut,
They turn her into a neighbor’s park, and there to take the buck ;
And when that he has done his best, and this fine doe is cloy’d,
Then up she goes to London town, her young one for to hide ;
And when she had been there awhile, if that you will but mind,
Then out she cometh from that park and leaves her fawn behind,
But yet awhile in town must stop, till all things safe and sound,
Then home she comes to her own park to take the other round.”
II. The defendants are Belgians, and it appears that the words were spoken in the French language in the presence and hearing of Belgians. The cause was tried by the aid of.an interpreter. The indictment sets out the words in the English language, and omits to set them out in the language in which they were uttered. This was wrong. The words should be charged as spoken, and in the tongue spoken. They should then be followed by a proper translation. Zennobis v. Axtel, 6 T. R. 162; Warmoth v. Cramer, 3 Wend. 394; Kerschbaugher v. Slusser, 12 Ind. 453; Hickley v. Grosjean, 6 Blackford, 351; Odger’s Libel & Slan. 109, 110, 470; Newell on Defamation, Slander & Libel, 277, 637. And in this respect there is no difference between a civil and criminal prosecution. Cook v. Cox, 3 M. & S. 110. The motion in arrest should have been sustained. We will, therefore, reverse the judgment and discharge defendants.