Graham v. State

Court of Appeals of Georgia

Graham v. State

66 S.E. 1038, 7 Ga. App. 407, 1910 Ga. App. LEXIS 321

CourtCourt of Appeals of Georgia

DecidedFebruary 10, 1910

Docket2315

StatusPublished

Cited by2 cases

This text of 66 S.E. 1038 (Graham v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graham v. State, 66 S.E. 1038, 7 Ga. App. 407, 1910 Ga. App. LEXIS 321 (Ga. Ct. App. 1910).

Pincite

Opinion

Hill, C. J.

1. The prosecutor and the defendant were members of a lodge of the same secret fraternal benevolent order, called “The Supreme Circle.” The defendant made a written accusation against the prosecutor, charging him with aiding and abetting a felonious assault made upon the person of a brother member. The accusation was made within the order, in strict accordance with the rules, and apparently for the sole purpose of having the charges investigated by the members of the lodge, under its rules. Held: (1) The written accusation was one of qualified privilege. (2) The burden was on the prosecutor to show that the accusation was both false in fact and malicious in purpose. (3) The prosecutor did not successfully carry the burden, but, on the contrary," the unfu r- ■ * lce proved that the defendant, in making the publicatio .......rs of the lodge, acted in good faith, without malice, a; 1 i’_;ly vRiiin his privilege as a member of the lodge. Graham v. State, 6 Ga. App. 436 (65 S. E. 167); Lester v. Thurmond, 51 Ga. 118; Atlanta News Co. v. Medlock, 123 Ga. 719 (51 S. E. 756, 3 L. R. A. (N. S.) 1139); Redgate v. Roush, 61 Kan. 480 (59 Pac. 1050, 48 L. R. A. 236). Judgment reversed.

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Hill, C. J.

1. The prosecutor and the defendant were members of a lodge of the same secret fraternal benevolent order, called “The Supreme Circle.” The defendant made a written accusation against the prosecutor, charging him with aiding and abetting a felonious assault made upon the person of a brother member. The accusation was made within the order, in strict accordance with the rules, and apparently for the sole purpose of having the charges investigated by the members of the lodge, under its rules. Held: (1) The written accusation was one of qualified privilege. (2) The burden was on the prosecutor to show that the accusation was both false in fact and malicious in purpose. (3) The prosecutor did not successfully carry the burden, but, on the contrary," the unfu r- ■ * lce proved that the defendant, in making the publicatio .......rs of the lodge, acted in good faith, without malice, a; 1 i’_;ly vRiiin his privilege as a member of the lodge. Graham v. State, 6 Ga. App. 436 (65 S. E. 167); Lester v. Thurmond, 51 Ga. 118; Atlanta News Co. v. Medlock, 123 Ga. 719 (51 S. E. 756, 3 L. R. A. (N. S.) 1139); Redgate v. Roush, 61 Kan. 480 (59 Pac. 1050, 48 L. R. A. 236). Judgment reversed.

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Bluebook (online)

66 S.E. 1038, 7 Ga. App. 407, 1910 Ga. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-gactapp-1910.

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