Lay v. Linke
Tennessee Supreme Court
FROM CAMPBELL. Appeal in error from the Circuit Court of Campbell County to the Court of Civil Appeals, and writ of cer-tiorari from the Court of Civil Appeals to the Supreme Court. — G. Me. Henderson, Judge.
1Opinion of the CourtJustice Shields
delivered tbe opinion of tbe Court.
This is an action of slander brought by James M. Lay against M. L. Linke, predicated upon an alleged false accusation of perjury made by tbe defendant against tbe plaintiff. Tbe pleas were not guilty and justification. Tbe presiding judge instructed tbe jury, substantially, that tbe defendant to> sustain bis plea of justification must produce evidence sufficient to convict tbe plaintiff of tbe crime of perjury; that be must prove tbe truth of tbe accusation beyond a reasonable doubt.
Tbe verdict and judgment were for tbe plaintiff. Tbe court of civil appeals…
2Cases cited2 opinions
- McBee v. BowmanTennessee Supreme Court · 1890
- Fleming v. WallaceTennessee Supreme Court · 1905
3Cited by1 opinion
- Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939