Hooper v. Martin

Supreme Court of Georgia

Hooper v. Martin

54 Ga. 648

DecidedJuly 15, 1875

StatusPublished

This text of 54 Ga. 648 (Hooper v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hooper v. Martin, 54 Ga. 648 (Ga. 1875).

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Opinion

Bleckley, Judge.

The words imputed a felony to Perkins as principal in the first degree, and to Martin as principal in the second degree: Code, sections 4305, 4309, 4378, 4382, 4712. That being so, they were actionable, per se: Ibid., section 2977, at the instance of either. We can have no reasonable doubt that the utterer of such words would mean to produce the impression on his hearers that Perkins had attempted to burn the speaker’s dwelling house, and that Martin was his accomplice iu the evil deed. And we think his hearers, most or all of them, would so understand him. They would recognize that as the fair and natural import of his language.

Judgment reversed.

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Bleckley, Judge.

The words imputed a felony to Perkins as principal in the first degree, and to Martin as principal in the second degree: Code, sections 4305, 4309, 4378, 4382, 4712. That being so, they were actionable, per se: Ibid., section 2977, at the instance of either. We can have no reasonable doubt that the utterer of such words would mean to produce the impression on his hearers that Perkins had attempted to burn the speaker’s dwelling house, and that Martin was his accomplice iu the evil deed. And we think his hearers, most or all of them, would so understand him. They would recognize that as the fair and natural import of his language.

Judgment reversed.

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Bluebook (online)

54 Ga. 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hooper-v-martin-ga-1875.