Shoulty v. Miller ex rel. Miller

Perkins, J. —

Case for slander and malicious prosecution. Accusation complained of, larceny. Pleas, justification; issues of fact. Verdict and judgment for the plaintiff.

The Court, upon the trial, instructed the jury that the pleas of justification, averring the truth of the charge, must be proved beyond a reasonable doubt. This was right. Lanter v. McEwen, 8 Blackf. 495.—Wonderly v. Nokes, id. 589, and note.

The Court also instructed that the filing of a plea of justification, where any evidence was given under it, was not, of itself, a fact that should aggravate the damages. This instruction…