Page:Dakota Territory Reports.djvu/486

 APPENDIX.

DISTRICT COURT PROCEEDINGS.

THE LAW OF LIBEL

CHARGE TO THE JURY BY SHANNON, JUDGE, IN THE DISTRICT OOURT FOR YANKTON COUNTY.

THE TERRITORY OF DAKOTA,

v.

MARIS TAYLOR AND JAMES TAYLOR.

Gentlemen of the Jury:-

This is an indictment for an alleged libel. Our law declares that on the trial of such indictment, the jury have the right to determine the law and the fact.

First-What is the law of libel?

Every person has (subject to the restrictions and qualifications provided by law), the right of protection from bodily restraint or harm, from personal insult, and from defamation.

Defamation is effected by libel or slander. But apart from any civil action for mere pecuniary damages, the law declares libel to be a public offense, and to be prosecuted in the name of "the Territory of Dakota."

A public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, a punishment prescribed in our Penal Code. The commission of a public offense affects, therefore, the peace and dignity of the entire community, to-wit: “ of the Territory;" and so this indict-