Wilson v. . Tatum
Supreme Court of North Carolina
Action on the case for slander and for malicious prosecution, tried before Bailey, J., at the Fall Term, 1859, of Watauga Superior Court. The declaration contained two counts, one for words spoken, charging the plaintiff with an attempt to commit bestiality, and the other for taking out a warrant against-the plaintiff for an attempt to commit bestiality.
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Action on the case for slander and for malicious prosecution, tried before Bailey, J., at the Fall Term, 1859, of Watauga Superior Court. The declaration contained two counts, one for words spoken, charging the plaintiff with an attempt to commit bestiality, and the other for taking out a warrant against-the plaintiff for an attempt to commit bestiality. The plaintiff produced a warrant, charging as stated in the declaration, which was issued on the affidavit of the dteféndant. The said warrant had been returned “ executed!,” and the plaintiff brought before a magistrate and tried. It was…
1Opinion of the CourtBattle, J.
The plaintiff’s declaration contains two counts; one for words spoken, and the other for a malicious prosecution. Testimony was given, on the trial, tending to support both these counts, and the instructions given by his Honor to. the j nry may be referred, in part, at least, to both the counts, and the verdict of the jury is general. Such being the case, if either of them cannot be supported, or if an error has been committed with respect to either, the defendant is entitled to anew trial; Moorehead v. Brown, 6 Jones’ 267. Now, a mere attempt to commit a felony, no matter how heinous the…
2Cited by1 opinion
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