92 Ga. 640 | Ga. | 1893
This was action for libel, the alleged .libelous matter consisting of publications in the defendant’s newspaper charging the plaintiff with the crime of forgery. The defendant admitted the publications and pleaded justification. There was a verdict for the plaintiff, of $1,000. The main question before us is, whether or not the trial court erred in charging, that “ the burden is on the defendant to sustain the plea of justification by the same degree of evidence that would be required to convict
In some of the decisions elsewhere, the distinction is made that while it is necessary to support the plea with such proof as would be sufficient to convict the plaintiff on an indictment for the offence, yet it is not necessary,
Of the cases cited as opposed to this view, Polston v. See, 54 Mo. 291, was expressly overruled in Edwards v. Knapp, 97 Mo. 432 (1888); and Fountain v. West, 23 Iowa, 9, and other cases to the same effect, were over
Judgment reversed.