Beers v. Root

Decided August 15, 1812

New York Supreme Court · decided 1812-08-15

THIS was an action of slander brought against the defendant, for saying that the plaintiff had passed counterfeit bank notes, There were several counts in the declaration. The defendant pleaded not guilty, with notice of a justification. The cause was tried at the Delaware circuit, in June, 1812, before Mr. Justice Van Ness.

Cited by 2 later decisions — most recently June 1892

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1812-08-15

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Per Curiam.

¶1The law will not allow a new trial to the defendant, merely to afford him an opportunity to prove the plaintiff a felon. Such an indulgence would not have been granted to the people, if the party so charged had been once tried and acquitted. If the defendant had discovered new evidence which went to the plea of not guilty and that only, it would have altered the case; but we cannot permit him to fish for further evidence to support his plea of a justification of such a charge. The motion must be denied.

¶2Motion denied.