| William Johnson, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 866 pages
...any libel, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence, in his defence, the truth of the matter contained in the publication charged as libellous : provided always. That such evidence shall not be a justification, unless, on the trial,... | |
| John Pendleton Kennedy - Attorneys general - 1850 - 430 pages
...power of the United States. ****** " The statute on which the traverser is indicted, enacts ' that the jury who shall try the cause shall have a right...under the direction of the court, as in other cases.' By this provision, I understand that a right is given to the jury to determine what the law is in the... | |
| Virginia. General Assembly. House of Delegates - Alien and Sedition laws, 1798 - 1850 - 274 pages
...be found much more severe than the latter. By the law of Congress, the accused may give in evidence in his defence, the truth of the matter contained in the publication charged against him, &c. But, said he, is it known to the people that in a prosecution for a libel in Virginia,... | |
| United States. Congress - United States - 1851 - 830 pages
...information, the truth thereof may be given in evidence ; and in all indictments for libels the Jury shall have a right to determine the law, and the fact,...under the direction of the court, as in other cases. This is the situation in which the Constitution of Pennsylvania has placed the press; and it is the... | |
| Joseph Story - Constitutional history - 1851 - 642 pages
...truth of the writing or libel might be given in evidence ; and that the jury who tried the cause should have a right to determine the law and the fact, under the direction of the court, as in other cases. posed, with a view to enable us in future to meet any war, to adopt " the report of the then secretary... | |
| James Kent - Law - 1851 - 706 pages
...President of the United States ; and made it lawful for the defendant, upon the trial, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. This act was, by the terms of it, declaratorg, and was intended to convey the sense of congress, that... | |
| United States. Congress - United States - 1852 - 928 pages
...defence, the truth of the matter contained in the ' publication charged as a libel ; and the jury shall 1 have a right to determine the law and the fact, '...the direction of the court, as in other ' cases," as in and by the said act, commonly called the sedition law, to which this respondent begs leave to... | |
| United States. Congress - United States - 1852 - 890 pages
...' any person >hall be prosecuted under this act, it ' shall b» lawful for him to give in evidence in his ' defence, the truth of the matter contained...the ' publication charged as a libel ; and the jury shall 'have a right to determine the law and the fact, 'nnder tue direction of the court, as in other... | |
| Vermont. Supreme Court - Law reports, digests, etc - 1852 - 836 pages
...issue, declares, that — " in any such indictment or information, the jury who shall try the same shall have a right to determine the law and the fact, under the direction of the court, in like manner as in other criminal cases;" thus, equally as in -the case of the Sedition Act, furnishing... | |
| John Frederick Archbold - Criminal law - 1853 - 1006 pages
...prosecuted for writing or publishing any libel, shall be allowed upon the trial, to give in evidence, in his defence, the truth of the matter contained in the publication charged as libellous. Every person convicted of writing or publishing a libel, to be fined in such sum, and be... | |
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