Barfield v. . Britt
Supreme Court of North Carolina
This was an action of SlaNdee, tried before bis Honor Judge Marly, at the Eall Term, 1854, of Robeson Superior Court. The declaration was for words spoken, charging the plaintiff with murder by secretly poisoning one Jacob Britt. The words were proved within time, and the case turned upon the plea of justification.
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This was an action of SlaNdee, tried before bis Honor Judge Marly, at the Eall Term, 1854, of Robeson Superior Court. The declaration was for words spoken, charging the plaintiff with murder by secretly poisoning one Jacob Britt. The words were proved within time, and the case turned upon the plea of justification. The defendant offered the dying declarations of Jacob Britt, charging the plaintiff with the crime imputed to him by the words of the defendant, which were objected to by the plaintiff’s counsel, but admitted by the Court. Eor this the plaintiff excepted. The plaintiff’s counsel…
1Opinion of the CourtBattle, J.
Two questions ai’e presented by the bill of exceptions. First: Whether in the issued joined, upon the plea of justification, the dying declarations of Jacob Britt could be given in evidence by the defendant, to prove the truth of the words for which the action was brought ? Secondly : Whether his Honor was right in refusing to instruct the jury that the defendant must sustain his plea by the same cogency of proof as would be required against the plaintiff, were he on trial- for his life, under a charge of murder; but on the contrary, saying to them that a preponderance of evidence, as in a…
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