KENNEDY V. CANNON 182 A.2d 54 (1962) CASE BRIEF

KENNEDY V. CANNON

182 A.2d 54 (1962)

NATURE OF THE CASE: Kennedy (P), wife, sought to overturn the judgment of the Circuit Court, which directed a verdict in favor of Cannon (D), attorney, and held that D had an absolute privilege to make slanderous statements about P.

FACTS: D was a lawyer for negro, Charles Humphrey, who was charged with raping a white woman. Charles admitted to intercourse with the white woman but claimed that she had consented. D spoke to the editor of the local paper given his client's side of the story as the State had already published its side of the events. The story was printed and P sued D, as the words charged her with adultery and were slanderous per se. D took the stand and admitted to the court that the paper had correctly quoted his statements. D claimed he needed to make the statements and tell his client's side of the story in order to prevent a lynching of his client. At the conclusion of his testimony, the trial court granted D's motion for a directed verdict; when the State published damaging statements about his client, D was privileged to reply. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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