Tull v. David

Tull sued David in slander, for words charging the plaintiff with perjury, in making an affidavit against the defendant for obstructing a highway, and in giving testimony on the trial of the information founded on the affidavit. The appellee justified the speaking of the words as charged. Trial by jury. Verdict for the defendant. Motion by the appellant for a new trial overruled. The evidence is in the. record.

It is claimed that the court below erred in refusing to permit the appellant to open and close the case to the jury. Under the justification, the defendant had the burden of the issue,…