Snow v. . Witcher
Supreme Court of North Carolina
Appeal from the Superior Court oí Law of Surry County, at the Fall Term 1848, his Honor Judge Mooke presiding. This is an action on the case, under the Act of 180S, for a charge of incontinence. The first count alleges, that the defendant Judith, who is the wife of the other, defendant, made the charge by using the words: “she had lost a little one.”
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Appeal from the Superior Court oí Law of Surry County, at the Fall Term 1848, his Honor Judge Mooke presiding. This is an action on the case, under the Act of 180S, for a charge of incontinence. The first count alleges, that the defendant Judith, who is the wife of the other, defendant, made the charge by using the words: “she had lost a little one.” The second count by using the words ; “Zilphy Sims is a credit to her,” Zilphy Sims being a woman, whose general character was that of a base, lewd and incontinent person. The third count, by using the words: “She better be listening to the…
1Opinion of the CourtPearson, J.
Assuming that the declaration contains-a colloquium and introductory matter, sufficient to warrant the inuendoes, we think, the Judge erred in holding, that the evidence, if believed, did not make out a justification.. When the charge is made directly, the plea should aver the truth of the charge, as laid in the declaration ; but, when the charge is made by insinuation and circumlocution, so as to make it necessary to use introductory matter to give point to and show the meaning of the words, the plea should aver the truth of the charge, which the declaration alleges was meant to be made. If…
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