Opinion
In Bank. Appeal from Superior Court, Alameda County; Stanley A. Smith, Judge.
Jacob M. Blake, of San Francisco, for appellant.
U. S. Webb, Atty. Gen., and John H. Riordan, Deputy Atty. Gen., for the People.
[147 P. 116] PER CURIAM.
The application for a hearing in this court after decision by the District Court of Appeal for the First District is denied. The denial of the application is not to be taken as an expression by the members of this court to the effect that evidence tending to show that a publication complained of was published with good motives and for justifiable ends is not admissible in a criminal prosecution for libel or as approving what was said by the District Court of Appeal on this proposition. Upon this question we express no opinion. It further appears on the face of the opinion of the District Court of Appeal that the testimony here offered was of such a nature that it would not have tended to show either that the publication was made with good motives or for justifiable ends, but, as said by the Court of Appeal, instead of showing that the motive for publishing the matter ‘ was an innocent one, would rather tend to strengthen the presumption that the publication was inspired by ill will and was malicious.’
This statement sufficiently justifies the denial of the application.