Brown v. Brooks

Case for slander. Charge complained of as having been made, larceny.

Pleas, the general issue and justification. Issues of fact. Trial by jury, and verdict and judgment for the plaintiff.

The evidence is not upon the record.

A bill of exceptions states that upon the close of the evidence, the Court, in their general instructions in the case, charged the jury that if the words alleged in the declaration were spoken in excitement, and afterwards taken back, it should be considered in mitigation of damages ; but if they were spoken under excitement, and afterwards persisted in, it should not be so…