Andrews v. Vanduzer

Decided January 15, 1814

New York Supreme Court · decided 1814-01-15

IN ERROR., from the court of common pleas of Sullivan county. Vanduzer brought an action of slander against Andrews in the court below. The declaration stated that the defendant had maliciously, &c. said of the plaintiff, that he, the plaintiff, “ had had connexion with a marc ” Src. meaning thereby that he had been guilty of the crime against nature with a beast.

Good law ✅— No negative treatment on recordhow we know

Decided 1814-01-15

How this case has been cited

Cited by 6 later decisions — most recently May 1902

1 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The decision of the court below was correct. The cases in Cro. Jac. 677. 1 Ld. Raym. 727. Bull. N. P. 9. show that the defendant who would justify a charge of felony, must justify as to the specific charge laid, and cannot set up a charge of the same thing, but distinct as to the subject matter. It is a settled rule that a defendant cannot give in evidence, under the general issue in an action of slander, matter which might be pleaded in bar, nor can he give in evidence any other crime than the one charged. The judgment below must be affirmed.

¶2Judgment affirmed.