Newton v. McGowan

Appellant’s claim of prejudicial error is based on asserted imperfections in the charge.

The court, in the first part of the charge, read the issues to the jury and expressly informed them plaintiff had the burden of proving each issue. He then defined the terms “greater weight of evidence,” “probable cause,” and “malice.” Next he reviewed the evidence and then informed the jury what the law was in relation to each issue. When he reached the second issue, he said:

“The burden of that issue is upon the plaintiff to satisfy you from the evidence and by its greater weight, and in that connection I…