STATE v. KEREKES


225 Or. 352 (1960)

357 P.2d 413

358 P.2d 523

STATE OF OREGON v. KEREKES

Supreme Court of Oregon.

Reversed December 7, 1960.

Opinion corrected, petition for rehearing denied January 11, 1961.


Attorney(s) appearing for the Case

R. Thomas Gooding and W.K. Carey, La Grande, argued the cause for appellant. With Gooding on the brief were Burleigh and Carey, La Grande.

Jesse R. Himmelsbach, Jr., District Attorney, Baker, argued the cause and filed a brief for respondent.

Jesse R. Himmelsbach, Jr., District Attorney, Baker, for the petition.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and KING, Justices.


REVERSED.

GOODWIN, J.

Julius Kerekes appeals from a conviction of criminal libel.

The question for decision is whether qualified privilege is a defense to an indictment charging libel.

The facts essential to a decision of this question are partially revealed in the indictment itself, the charging portion of which follows:

"The said Julius Kerekes on the 27th day of June A.D. 1959, in the said...

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