119 Ky. 870 | Ky. Ct. App. | 1905
Opinion op the court by
Reversing.
Appellee sued appellant for slander; charging that he said about him on or about July 10, 1899, and on divers
The proof showed that Estill county had made a subscription to the Richmond, Nicholasville, Irvine & Beattyville
(,'(1) If the jury believe from the evidence that the defendant, A. J. Tharp, on or about the 10th day of July, 1898, spoke of and concerning the plaintiff, O. K. Nolan, the words: U bribed him in' the railroad case. I know he was bribed, and I can do so again. He sold out in the railroad case, and received a bribe’ — or those words in substance — they should find for the plaintiff,-and fix his damages a,t such a sum as the Jury may believe from the evidence will fairly and reasonably compensate the plaintiff for the disgrace, shame, humiliation, mortification, or anguish of mind suffered by the plaintiff. If they believe he suffered such by reason of the ■speaking of said words, or substantially said words, if they
“(2) Unless the jury believe from the evidence that the defendant spoke of and concerning the plaintiff the words mentioned in the first instruction, or substantially those words, they should find for the defendant.”
To be actionable, unless special damages are shown, the words spoken must import that the person accused is guilty of a felony, or other crime of such turpitude" as to render him liable upon indictment to punishment. McNamara v. Shannon, 8 Bush, 558. Thus to charge that one is an insurgent or an embezzler, before the statute was- passed punishing embezzlement, or to charge that a person is a. rogue, lias been held not actionable. There is no statute punishing the bribery of a citizen. The only statute which seems applicable is section I860, Kentucky Statutes, 1903, which is as follows: “If a member of the General Assembly, <or if any executive or ministerial officer, shall take or agree to take any bribe to do or to omit to do any act in his official capacity, he shall forfeit his office, and be fined in a sum of not less than two hundred nor more than ,one thousand dollars, and moreover, be disqualified from holding any office of trust or profit, and from the right of suffrage for' ten years.” The taking or agreeing to take a bribe constitutes the offense under this statute. For, if the officer, after getting the bribe, should fail to keep his contract, he would be none the less guilty than he would be if he had performed it. To be guilty, therefore, under the section, the taking of the bribe, or the agreement to take it, must occur while the person is an officer . The statute does not punish the acts or
Judgment reversed, and cause remanded for a new trial.