Slander — Pleas — Justification — Evidence — Statutes.
Where there is no plea of justification or of mitigating circumstances, in an action for slander, evidence of the truth of the charge is incompetent. Revisal, sec. 502.
ALLEN, J.
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).