2 Ind. 84 | Ind. | 1850
THIS was an action of slander brought by the appellee against the appellant. The words alleged to have been spoken charged the former with having committed perjury. The appellant pleaded not guilty; and, in justification, that the words spoken were true.
The evidence is not set out in the record, but it appears, by a bill of exceptions, that the Court, at the instance of the plaintiff below, charged the jury, inter alia, that to convict a defendant upon a charge of pel jury upon an indictment, the positive testimony of two witnesses, or of
This was correct; but the Court gave the further instruction, that if the pleas of justification were not sustained by proof of the kind above-mentioned, they might be considered by the jury in aggravation of the damages.
This last instruction was erroneous. Shank v. Case, November term, 1848. — Shoulty v. Miller, November term, 1849
The judgment is reversed with costs.
Sec 1 Carter’s Ind. R. 170, and id. 544.