Burris v. Bush
R. F. Burris and Wife, Alice Burris v. John A. Bush.
Opinion of the Court
The statute (Rev., sec. 502) permits a defendant in actions for libel or slander to allege "both the truth of the matter charged as defamatory and any mitigating circumstances to reduce the amount of the damages; and, whether he prove the justification or not, he may give in evidence the mitigating circumstances," but, in the absence of a plea in justification or mitigation, evidence of the truth of the charge is incompetent. Upchurch v. Robertson , 127 N.C. 128 ; Dickerson v. Dial , 159, N.C. 541.
It follows that there is no error in excluding the evidence offered by the defendant.
No error.
Cited: Elmore v. R. R. , 189 N.C. 673 (f); Pentuff v. Park , 194 N.C. 158 (f); Bryant v. Reedy , 214 N.C. 753 (f).
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