Dearmond v. St. Amant

The opinion of the Court was delivered by

Fenner, J.

This is an action for defamation of character and malicious prosecution.

The defamation of character alleged consists merely in making public statements that plaintiff was guilty of the crime for which he was arrested and prosecuted upon the affidavit of defendant. Manifestly the slander is merged in the prosecution, and if the prosecution is not actionable, neither is the slander.

The record shows that an attempt was made in the night time to burn down defendant’s store. It was a palpable attempt at deliberate arson, only thwarted by a…