People v. Wakao

CHIPMAN, P. J.

This is an action in which defendants were accused, by information laid in Sacramento County, of the crime of libel, as follows: “That the said E. K. Wakao and M. Ishihashi on the-day of December, 1915, in the County of Sacramento, in the said State of California, and before the filing of this information, did then and there willfully, unlawfully and maliciously and with intent thereby to injury (injure 1) and defame one Risaburo Hattori and to impeach his honesty and integrity and virtue and reputation and to expose him, the said Risaburo Hattori, to public hatred and contempt and ridicule, did compose, print, and publish in a certain newspaper called ‘The Central California Times,’ printed and published in the County of Fresno, State of

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California, and circulated therein and which said newspaper was then and there circulated and published in the County of Sacramento, State of California, certain false, scandalous, malicious, defamatory and libelous words of, and concerning the said Bisaburo Hattori, in the Japanese language, as follows, to wit: [Then follows a photographic copy of the newspaper article and its alleged translation.] Contrary to the form, force and effect of the statute, ’ ’ etc.

The jury returned a verdict of guilty as charged. Defendants moved for a new trial on statutory grounds, and also moved in arrest of judgment on the ground that the court “has not and never had any jurisdiction of the offense charged in the information.” The motions were denied, whereupon defendants were sentenced to imprisonment for the period of one year each in the county jail. They appeal from the judgment and order denying their motion for a new trial.

The principal point now urged for a reversal of the judgment is that the court was without jurisdiction, and the contention is based upon the failure of the information to allege that Hattori, the person alleged to have been libeled, resided in Sacramento County at the time said newspaper was circulated therein.

Section 9 of article I of the constitution of the state provides that in all criminal prosecutions for libels, “indictments found, or information laid, for publication in newspapers shall be tried in the county where such newspapers have their publication office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. ’ ’