Newbit v. Statuck
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, C. J., presiding. Case, for slanderous words, charging the crime of perjury. The defendant by brief statement, after averring that the plaintiff had been a witness for one Benj.
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On Exceptions from Nisi Prius, Shepley, C. J., presiding. Case, for slanderous words, charging the crime of perjury. The defendant by brief statement, after averring that the plaintiff had been a witness for one Benj. Orchard upon the trial of an action against this defendant, proceeded to specify several propositions which this plaintiff had sworn to upon that trial, and then alleged that those propositions were untrue, and that, in relation to each one of them, the plaintiff knowingly “ swore to an absolute lie, and so was guilty of perjury,” and also pleaded that all the words which he…
1Opinion of the CourtRice, J.
— This is an action on the case for slander. Defence, that the words spoken were true. Complaint is made that the Judge who presided at the trial, after instructing the jury that the burden of proof was upon the defendant to satisfy them that the allegations, in justification, contained in his *318brief statement were true, also instructed them that, “ if they were left in doubt and uncertainty respecting them, the defence contained in the brief statement would fail.”
Without, at this time, going into the consideration of distinctions supposed to exist between the terms “preponderance of…
2Cases cited2 opinions
- Woodbeck v. KellerNew York Supreme Court · 1826
- Gants v. VinardIndiana Supreme Court · 1849
3Cited by5 opinions
- Hammer v. United StatesSupreme Court of the United States · 1926
- Zanker v. LackeySuperior Court of Delaware · 1925
- State v. FarringtonSupreme Judicial Court of Maine · 1980
- State v. RogersSupreme Judicial Court of Maine · 1953
- State v. AnthoineSupreme Judicial Court of Maine · 2002