Page:Dakota Territory Reports.djvu/487

472 ment concludes. Although it alleges the perpetration of a libel, and also that such libel is "to the great damage and scandal of John L. Pennington," yet by your verdict (if it should be against the defendants) you cannot award any "money damages” to that individual.

Our Penal Code defines the nature of the various public offenses, and classifies libel as one of them, and as an offense against the person and his good name, or reputation. Any malicious injury to good name, other than by words orally spoken, is a libel. To explain:-any malicious publication by printing, which exposes any person to hatred, contempt, ridicule or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation, is a libel under our Penal Code. And“ every person who willfully, and with a malicious intent to injure another, publishes any libel, is guilty of a misdemeanor.”

What is the meaning of this word "willfully?"

The term "willfully," when applied to the intent, by which an act is done, implies simply a purpose or willingness to commit the act referred to.

What, in the next place, is the meaning of the other word "malicious," in the above definition?

The term “ malicious,” when employed (as it is above) to designate, or qualify, the intent with which an act is done, imports a wish to vex, annoy, or injure another person, established either by proof or presumption of law.

When is an injurious publication presumed to have been malicious?

Our Penal Code, section 312, declares that an injurious publication is presumed to have been malicious, if no justifiable motive for making it is shown.

But how does our Penal Code guard the rights of defendants?

The answer is, that by section 313, "in all criminal prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted."

Again, does our Penal Code any further guard the rights of the accused persons?