Mulcahy v. Deitrick, Sr.

JUSTICE, PJ.

The sole claim of error assigned in the brief of plaintiff in error, and hence the only one we are required, under §12248 GC, •to consider and determine, is, error in the charge.

The trial court, in part, charged the jury as follows:

“Members of the Jury, I instruct you as a matter of law in this case, that' in order to authorize the plaintiff to recover, he must prove by a preponderance of the evidence that the defendant falsely and maliciously spoke of and concerning the plaintiff, the words substantially as charged in plaintiff’s amended petition to some person or persons other…