Perkins v. Mississippi Publishers Corporation

241 So. 2d 139, 1970 Miss. LEXIS 1320
CourtMississippi Supreme Court
DecidedNovember 16, 1970
Docket45958
StatusPublished
Cited by4 cases

This text of 241 So. 2d 139 (Perkins v. Mississippi Publishers Corporation) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perkins v. Mississippi Publishers Corporation, 241 So. 2d 139, 1970 Miss. LEXIS 1320 (Mich. 1970).

Opinion

241 So.2d 139 (1970)

David L. PERKINS
v.
MISSISSIPPI PUBLISHERS CORPORATION.

No. 45958.

Supreme Court of Mississippi.

November 16, 1970.
Rehearing Denied December 7, 1970.

Bowling, Coleman & Cothren, Jackson, for appellant.

Butler, Snow, O'Mara, Stevens & Cannada, Roger C. Landrum, W. Scott Welch, III, Jackson, for appellee.

SMITH, Justice.

David L. Perkins has appealed from an adverse judgment entered in a libel action brought by him in the Circuit Court of the First Judicial District of Hinds County against Mississippi Publishers Corporation, a Mississippi Corporation, as owner and publisher of two daily newspapers, The Clarion Ledger and The Jackson Daily News.

The substance of Perkins' complaint, as reflected by the declaration, was that, for a "long period of time," he had been actively engaged in politics in Mississippi, and as a result was "widely known in the State of Mississippi" and enjoyed a good reputation among those who knew him because of his political and "community and civic" activities. It was alleged that following the arrest of a certain Joe Daniel Hawkins on a charge of bank robbery by the Federal Bureau of Investigation on or about July 12, 1968, and during the course of the "arrest and subsequent investigation," the Federal Bureau of Investigation had collected a large number of weapons, dynamite "and other undesirable and obnoxious instrumentalities and appliances that normally would be used for violence and in the breaking of laws and in the harassment and intimidation of people." Plaintiff averred that Hawkins was charged "with other reprehensible activities," as well as robbery as set out in articles published in appellee's newspapers. It was alleged that appellant Perkins was not "connected with" Hawkins nor with his activities nor with the said *140 "appliances and instrumentalities of violence taken from him," and that this was known to appellee.

The declaration charged further that appellee caused a photograph to be made of the weapons and other articles taken from Hawkins upon his arrest, that among these was a large political poster which Perkins had distribtued in the "area" in his most recent political campaign (a race for a seat in Congress) on which there appeared a picture of Perkins with Rocky Marciano, a former heavyweight boxing champion, and which solicited votes for Perkins.

It was set out in the declaration that "in some way during the course of said (Perkins') political campaign" the poster evidently had come into the possession of Hawkins or some member of the Hawkins' family and thus had been found among the "appliances and instrumentalities of hate and violence" taken from Hawkins upon his arrest.

Appellant averred that appellee "caused" said political poster to be included in the photograph with a hangman's noose hanging over it, and that this photograph was published by appellee in its newspapers on July 12, 1968, in connection with a news article regarding the arrest of Hawkins, and that appellee did so with the "intention of associating the said photograph with the said violence and obnoxious activities of Hawkins, including the charge against Hawkins of bank robbery and other activities involving moral turpitude."

Appellant charged that publication of the photograph of this poster, containing his picture (and that of Marciano) with other items taken from Hawkins' car on his arrest, had caused him irreparable harm and damage as well as humiliation, embarrassment and harrassment and had destroyed any "future political chances or ambitions" that he might have had and demanded damages of appellee.

At the conclusion of appellant's case, a motion was made that the evidence be excluded and that the jury be directed to return a verdict for appellee. This was denied. When both sides had closed, appellee moved for a directed verdict in its favor. This motion was overruled and the issues were submitted to the jury which was unable to agree upon a verdict. Appellee then moved for judgment notwithstanding the mistrial and this motion was sustained by the court. It is from the final judgment then entered that Perkins has appealed.

No question is raised as to procedure, which in substance and effect, amounted to a renewal of appellee's motion for a directed verdict. Floyd v. Lusk, 190 So.2d 451 (Miss. 1966); Palmer v. Gardner, 226 Miss. 123, 83 So.2d 800 (1955).

The inquiry on appeal, therefore, must be addressed to the sufficiency of the evidence, viewed most favorably to appellant, to create a factual issue for the jury as to whether or not publication of the photograph by appellee was an actionable libel of Perkins for which he is entitled to recover damages.

There is little dispute as to any of the material facts. There is no dispute as to the circumstances which preceded and gave rise to the publication which forms the basis of appellant's complaint.

On July 11, 1968, the Federal Bureau of Investigation had taken into custody a certain Joe Daniel Hawkins on a federal warrant issued for his arrest upon a charge of having robbed a bank in Memphis, Tennessee. In the automobile which Hawkins was driving the federal officers found a number of items, among which were several firearms, of various types, ammunition, posters announcing meetings of the Ku Klux Klan, hangman's nooses, and one or more of appellant's political posters, which had been printed and distributed by him in his most recent political campaign. On the posters was a picture of appellant and former heavyweight boxing champion, Rocky Marciano, and a solicitation of votes for Perkins.

*141 It had been for sometime the policy of the local office of the Federal Bureau of Investigation to give publicity to the apprehension of criminals, especially when arrested in connection with a major crime of wide public interest. The not unreasonable theory behind the policy was that publication of the fact that the criminal had been caught would serve as a deterrent to crime. Upon the arrest of Hawkins, the Federal Bureau of Investigation notified the various news media of the fact and informed them that the weapons and other articles taken from Hawkins' car were available for photographing at the bureau office.

Several news services and representatives of local television stations availed themselves of the invitation to photograph these articles. When the photographers arrived they found that all of the weapons and other paraphernalia taken from Hawkins on his arrest had been arranged and were displayed on a table by the Federal Bureau of Investigation. No permission was given representatives of the press to make changes and none were made. The photographs then taken showed among them Perkins' political poster containing the picture of Perkins and Marciano and the leg-end "Vote for Perkins." These photographs were telecast that evening by local television stations, with which appellee had nothing to do. The next day a copy of this photograph appeared in appellee's newspapers with a news story dealing with the arrest and activities of Joe Daniel Hawkins. Perkins is not mentioned in the article.

Under the published photograph there appeared "Hawkins arsenal — weapons and ammunition seized from the automobile of Joe Daniel Hawkins here Thursday night is displayed — photograph by Jimmy Carman." In one issue, the article on Hawkins also was accompanied by a small photograph of Hawkins purporting to show him in the regalia of the Ku Klux Klan.

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Bluebook (online)
241 So. 2d 139, 1970 Miss. LEXIS 1320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-mississippi-publishers-corporation-miss-1970.