Not Guilty

In Pleading. The general issue in several sorts of actions of tort. In Criminal Law. The general traverse of the accusation by the accuse'd..

The general issue plea in several sorts of actions and in criminal cases. In trespass its form is as follows: “And and says that he is not guilty of the said trespasses above laid to his charge, or any part thereof, in the manner and form as the said A B hath above complained. And of this the said C D puts himself upon the country.” Under this issue the defendant may give in evidence any matter which directly controverts the truth of any allegation, which the plaintiff on such general issue will be bound to prove; 1 B. & P. 213; and no person is bound to justify who is not prima facie a trespasser; 2 B. & P. 359; 2 Saund. 284 d. For example, the plea of not guilty is proper in trespass to persons, ff the defendant have committed no assault, battery, or imprisonment, etc.; and in trespass to personal property, if the plaintiff had no property in the goods, or the defendant were not guilty of taking them, etc.; and in trespass to real property, this plea not only puts in issue the fact of trespass, etc., but also the title, which, whether freehold or possessory in the defendant or a person under whom he claims, may be given in evidence under it, which matters show primd facie that the right of possession, which is necessary in trespass, is not in the plaintiff, but in the defendant or the person under whom he justifies; 7 Term 354; Steph. PL 178; 1 Chitty, PI. 491, 492. In trespass on the case in general the formula is as follows: “And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, etc., and says that he is not guilty of the premises above laid to his charge, in manner and form as the said A B hath above complained. And of this the said C D puts himself upon the country.” This, it will be observed, is a mere traverse, or denial, of the facts alleged in the declaration, and therefore, on principle, should be applied only to cases in which the defence rests on such a denial. But here a relaxation has taken place; for, under this plea, a defendant is permitted not only to contest the truth of the declaration, hut, with some exceptions, to prove any matter of defence that tends to show that the plaintiff has no cause of action, though such matters be in confession and avoidance of the declaration; as, for example, a release given, or satisfaction made; Steph. PI. 182; 1 Chitty, PI. 486. In trover. It is not usual in this action to plead any other plea, except the statute of limitations; and a release, and the bankruptcy of the plaintiff, may be given in evidence under the general issue; 7 Term 391. In debt on a judgment suggesting a devastavit, an executor may plead not guilty; 1 Term 462. In criminal cases, when the defendant upon the prosecutor to prove every fact and circumstance constituting the offence, as stated in the indictment, information, or complaint. On the other hand, the defendant may give in evidence under this plea not only everything which negatives the allegations in the indictment, but also all matter of excuse and justification. See Non Culpabilis; Nient Culpable.

A plea of the general issue in the actions of trespass and case and in criminal prosecutions. The form of the verdict in criminal cases, where the jury acquit the prisoner. 4 BI. Comm. 861,