A Treatise On the Wrongs Called Slander And Libel And On the Remedy By Civil a

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Rep. , 2d series, 408 ; Thirman v. Matthew, 1 Stew. 384. All words imputing a crime are actionable. (Deford v. Miller, 3 Penns. 103). See Arson, Forgery, Larceny, Perjury, Homicide.
10 McKinney, J. , Poe v. Grever, 3 Sneed, 666. " Words which impute trespass, assault, battery, and the like, are . Not actionable per se, and yet these offenses are punishable by indictment. " (Smith v. Smith, 2 Sneed, 478; Dudley v. Horn, 21 Ala. 379; Billings v. Wing, 7 Verm. 444. ) Oral language to be actionable
... must im- pute something criminal or that would exclude from society. (Colby v. Reynolds, 6 Verm. 489. ) II Bunnell v. Fiske, 11 Mete. 552.
11 Edgerley v. Swaine, 32 N. Hamp. 481.
13 Teuney v. Clement, 10 N. Hamp. 57; Lukehart v. Byerly, 53 Penns. 418. M Kinney v. Hosea, 3 Harring. 77.
210 WHAT OEAL LANGUAGE [Ch. VIII.
impute not only an indictable offense, but an indictable offense for which corporal punishment may be inflicted as the immediate penalty. 1 § 157. Judging from the language of many English dicta, the rule in England would seem to be that all oral language is actionable per se, which imputes a crime or in- dictable offense.


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