McMillion v. Armstrong

Carretón Harris, Chief Justice

(dissenting). I am not in accord with the conclusion by the majority that this case must be reversed because error was committed in giving to the jury Instruction No. I, and I very much disagree with the finding that there was sufficient evidence to submit to the jury the question of whether the words spoken were true. The sole testimony relating to the contact between Colonel Armstrong and Robert L. Moore is as follows:

“Q. Now, Mr. Moore, can you tell the jury when you got out of the car and walked up to Mr. Armstrong’s, who introduced you?

A. Mr. Simons…