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" That if any person shall be prosecuted under this act, for the writing or publishing any libel aforesaid, 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... "
A Digest of the Laws of the State of Alabama: Containing All the Statutes of ... - Page 118
by Alabama, John Gaston Aikin - 1833 - 574 pages
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Trial of Andrew Johnson: Preliminaries, opening arguments, evidence

Andrew Johnson - Impeachments - 1868 - 794 pages
...libel aforesaid, 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 a libeL Aud the jury who shall try the cause shall have a right to determine the law and the fact, under the...
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United States Supreme Court Reports, Volume 39

United States. Supreme Court - Law reports, digests, etc - 1895 - 1152 pages
...declined to accept this view. He said: " The statute on which the traverser is indicted enacts ' that the jury who shall try the cause shall have a right to determine tbe law and the fact, under tbe direction of tbe court, as in other cases.' By this provision I understand...
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The Northwestern Law Review, Volume 1

Law - 1893 - 340 pages
...that there are in reality four indictments for libel the jury shall have the right of determining both the law and the fact under the direction of the court as in other cases." The constitution of 1848 contains the same,. Art. XIII Sec. 24. Art. II Sec. 4, of the constitution...
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Report of the ... Annual Meeting

Maryland State Bar Association - Bar associations - 1916 - 328 pages
...whole matter, declared in express terms that "in every such indictment the jury shall have the right to determine the law and the fact under the direction of the court, in like manner as in other criminal cases," thus furnishing most conclusive evidence that the general...
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 98

Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - Law reports, digests, etc - 1912 - 1022 pages
...therefore enacted, etc., 1. That on every 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, and shall not be directed or required by the court or judge,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 197

Alabama. Supreme Court - Law reports, digests, etc - 1917 - 800 pages
...therefore declared * * * "That on every 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," etc. — Laws 1805-06, p. 232. The statutes were unquestionably...
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The Documentary History of the Supreme Court of the United States, 1789-1800 ...

Maeva Marcus, James R. Perry - History - 1985 - 588 pages
...the greater the libel." In addition, the act required proof of intent to defame, and the jury was to "have a right to determine the law and the fact, under the direction of the court." Under the common law, the jury's role had been limited to deciding the fact of publication and the...
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The American Founding Experience: Political Community and Republican Government

Charles S. Hyneman - History - 1994 - 332 pages
...the writing or publishing any libel aforesaid," the defendant could give "in evidence in his defense, the truth of the matter contained in the publication charged as a libel," and that a jury should determine both the facts and the applicable meaning of the statute. The Sedition...
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The Constitution in Congress: The Federalist Period, 1789-1801

David P. Currie - Law - 1997 - 356 pages
...imprisonment not exceeding two years.187 Truth was made a defense, and the jury was to determine both "the law and the fact, under the direction of the court, as in other cases."188 There were two constitutional objections to this bill, said Nicholas in the House: No provision...
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I Must Speak Out: The Best of The Voluntaryist 1982-1999

Carl Watner - Anarchism - 1999 - 504 pages
...publishing of any libel aforesaid, it shall be lawful for the defendant, . . ., to give [in] evidence in his defence, the truth of the matter contained...libel. And the jury who shall try the cause, shall have the right to determine the law and the fact, under the direction of the court, as in other cases. Sec....
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