Peterson v. Murray
Decision Date | 31 October 1895 |
Citation | 41 N.E. 836,13 Ind.App. 420 |
Parties | PETERSON v. MURRAY. |
Court | Indiana Appellate Court |
13 Ind.App. 420
41 N.E. 836
PETERSON
v.MURRAY.
Appellate Court of Indiana.
Oct. 31, 1895.
OPINION TEXT STARTS HERE
Appeal from circuit court, Newton county; D. B. McConnell, Special Judge.
Action by Mary V. Murray against John P. Peterson for slander. From a judgment for plaintiff, defendant appeals. Affirmed.
Charles A. Allen and Joseph D. Brown, for appellant. Fraser & Isham, for appellee.
LOTZ, J.
The appellee sued the appellant to recover damages for slanderous words spoken. It was alleged that the defendant called the plaintiff a “whore.” The answer was in two paragraphs-First, a general denial; and, second, justification, that prior to the speaking of the words the plaintiff had illicit carnal connection with divers persons. The cause was tried by a jury, which returned a general verdict assessing plaintiff's damage in the sum of $300, on which judgment was rendered. The only assignment of error is the overruling of appellant's motion for a new trial.
It is insisted that the court erred in refusing to give certain instructions asked by appellant, and that the verdict is contrary to the law. The instructions asked and refused are as follows: “(5) If you find that the defendant spoke the words alleged in the complaint, and you also find that at the time said words were spoken, that the plaintiff, prior to the speaking thereof, had sexual intercourse with some person not her husband, then I say to you that the plaintiff would be a whore, and your finding should be for the defendant. (6) If you find that the defendant spoke the alleged slanderous words as charged in the complaint, or words of similar import, and that, prior to the speaking thereof, the said plaintiff had sexual intercourses with one Sam. Murray, who was not then her husband, but who afterwards married the plaintiff, then I instruct you that the plaintiff would be a whore, and you should find for the defendant. (7) I charge you that any act of sexual intercourse between a married female and a male person not her husband, or between an unmarried female and a male person, is whoredom; and, if the plaintiff has committed a single act of this kind, then I say to you that she would be a whore; and, if you so find from all the evidence and circumstances in this case, then your verdict should be for the defendant.” “(11) The court further instructs the jury that if you find from the evidence that the plaintiff, at the time of her marriage with Robert M. Snyder, was pregnant with child, and that such pregnancy was the result of sexual intercourse while she was an unmarried woman, then, in law, she would be guilty of whoredom, and she cannot recover in this case, and your verdict should be for the defendant. (12) The court further instructs the jury that if you find from the evidence that the plaintiff, at the time of her marriage with William Reynolds, was an unmarried woman, and pregnant with child, then the law...
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