Gants v. Vinard
Indiana Supreme Court
ERROR to the Pulaski Circuit Court. Slander, for charging the plaintiff with having committed perjury. Pleas: — Not guilty, and justification. Judgment for the defendant.
Read the full summary
ERROR to the Pulaski Circuit Court. Slander, for charging the plaintiff with having committed perjury. Pleas: — Not guilty, and justification. Judgment for the defendant. After the evidence was concluded, the plaintiff asked the Court to instruct the jury, that to sustain the defence on the ground of justification, the jury should have the same amount of evidence as would have been sufficient to convict the plaintiff of perjury, if he had been upon his trial for that offence. The Court refused to give this instruction, and told the jury that this was a civil case, and that in civil cases the…
1Per curiam
— The instruction given was erroneous. That requested by the plaintiff, was in accordance with the law applicable to the question put in issue by the plea of justification, and the evidence in the case. Lanter v. McEwen, 8 Blackf. 495.”
Judgment affirmed, &c„
2Cases cited1 opinion
- Lanter v. M'EwenIndiana Supreme Court · 1847
3Cited by1 opinion
- Newbit v. StatuckSupreme Judicial Court of Maine · 1853