22 Wis. 372 | Wis. | 1867
It is alleged in tbe complaint tbat 'the defendant has, in tbe various conversations therein mentioned, imputed to tbe plaintiff tbe crimes of larceny, fornication and producing abortion upon herself. Tbe answer was a general denial, and also set up the truth of tbe words complained of in justification. On tbe trial, in mitigation of
We have had some doubt whether the evidence in respect to the plaintiff’s bad reputation for chastity was admissible under the general denial; or, whether the defendant should have set up in the answer the matter to be relied on, and which he intended to prove on the trial. Under the old system of pleading, it was competent for the defendant to give in evidence proof of the general bad character of the plaintiff under the plea of not guilty (Hamer v. McFarlin, 4 Denio, 509, and cases supra), because such proof bore directly upon the question of malice, and also as to what was
"We therefore think there must be a new trial on account of the error of the court in excluding the evidence offered. This disposes of the ease, and it is unnecessary to notice the other points discussed by counsel. .
By the Court — The judgment of the circuit court is reversed, and a new trial ordered.