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Abstract

A microphone was installed in the courtroom, with consent of the judge and counsel, for the purpose of broadcasting a murder trial. Prisoner's attorney, in his closing argument to the jury, made remarks concerning the plaintiff, state's witness, which the latter claimed were defamatory. Joining as defendants the trial judge, counsel for the alleged felon, and the director of the radio station, plaintiff alleged the utterances were libelous per se. The trial judge's motion for non-suit was granted at the close of the plaintiff's case. As to the other defendants, on appeal, held, with one judge dissenting, that counsel was not liable because of privilege, hence the radio broadcasters were likewise privileged. Order of non-suit was properly granted. Irwin v. Ashurst, (Ore. 1938) 74 P. (2d) 1127.

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