Libel is the malicious defamation of any person, and especially a magistrate, made public either by printing, writing, signs or pictures in order to provoke him to wrath, or expose him to public hatred, contempt and ridicule.139

In such prosecution the only points to be inquired into are, first the making or publishing of the book or writing, and second, whether the matter be criminal. If both these points are against the defendant, the offense is complete. A libel is a false and malicious publication against an individual, either in print or writing, or by pictures, with intent to injure the reputation of the individual and expose him to public hatred, contempt or ridicule.140

Any writing or printed publication concerning one which has a tendency to injure his reputation or character, or to bring him into contempt, hatred, or ridicule, is libel.141

136 Dougherty vs. People, 4 Scam.

(Ill.), 180; 4 Blackstone Com., 164. 137 Com. vs. Runnells, 10 Mass., 518;

3 Greenl. Ev., Sec. 219; State vs. York, 70 N. C, 66. 138 People vs. O'Laughlin, 3 Utah, 133; State vs. Straw, 33 Me., 654. 139 4 Blackstone Com., 150; 3

Greenl. Ev., Sec. 164; Hughes'

Cr. Law, Sec. 1255. 140 State vs. Smiley, 37 Ohio St., 30; Underbill's Cr. Ev., Sec.

361; Baker vs. State, 30 Neb., 202; People vs. Ritchie, 12

Utah, 180. 141 Hughes' Cr. Law, Sec. 1255;

Baker vs. State, 50 Neb., 202.

Any words written or printed and published imputing to another any act, the tendency of which is to disgrace him or deprive him of the confidence and good will of society, or lessen its esteem for him, constitute libel per se.142