#### The People of the State of Illinois, Defendant in Error, v. Julius F. Taylor, Plaintiff in Error.

Gen. No. 21,777.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Harry C. Moran, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed October 18, 1916.

Rehearing denied October 31, 1916.

Statement of the Case.

Prosecution by the People of the State of Illinois, plaintiff, against Julius F. Taylor, defendant, on an information charging criminal libel. To review a judgment against him, the defendant prosecutes a writ of error.

Walter M. Farmer, for plaintiff in error.

Maclay Hoyne, for defendant in error; Edward E. Wilson, of counsel.

*542Abstract of the Decision.

1. Libel and slander, § 189 * —when burden of proof on defendant to sustain plea of justification. In a prosecution for criminal libel, a plea of justification being affirmative, the burden is cast upon the defendant to sustain the plea.

2. Libel and slander, § 191*—when evidence insufficient to establish truth of libelous matter. In a prosecution for criminal libel, evidence held not to show that the trial court erred in finding that the defendant had failed to- establish the truth of the libelous matter.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Goodwin

delivered the opinion of the court.