Elder v. Oliver
Missouri Court of Appeals
Appeal from the Louisiana Court of Common Pleas, Hon. E. M. Hughes, Judge. Refusing the opening and the closing of the case to the defendant, under the instructions, gave the plaintiff an undue advantage ; more so, even, than is accorded to a defendant in a criminal case.
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Appeal from the Louisiana Court of Common Pleas, Hon. E. M. Hughes, Judge. Refusing the opening and the closing of the case to the defendant, under the instructions, gave the plaintiff an undue advantage ; more so, even, than is accorded to a defendant in a criminal case. The court committed an error in giving the instructions asked for on the part of plaintiff, requiring the defendant to prove said charge by same amount of evidence as is required to convict in criminal cases and beyond a reasonable doubt. Woodrop v. Thaeher, 11 Atl. Rep. 621; Carson r. Porter, 22 Mo. App. 179 ; Wood v.…
1Opinion of the CourtThompson, J.
This was an action for slander, in uttering words which imputed to the plaintiff the commission of the crime of larceny. The defendant admitted the uttering of the words, and justified by alleging their truth, and by alleging several distinct acts of larceny committed by the plaintiff prior to the uttering of, the words. After two mistrials there was a verdict and judgment for the plaintiff in the sum of seventy-five *577dollars, from which the defendant prosecutes this appeal. The errors assigned are :
I. Refusing the opening and closing of the argument to the defendant. This error is not well…
2Cases cited23 opinions
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- Fry v. . BennettNew York Court of Appeals · 1863
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- Hamlyn v. NesbitIndiana Supreme Court · 1871
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3Cited by7 opinions
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