Horton v. . Reavis

6 N.C. 380

Opinion

Tavxoh, Chief-Justice.

It is necessary that the proof of speaking the words, should correspond with the charge in the declaration, at least in substance. The declaration, contains a direct charge against the Defendant, for having uttered the slanderous words 3 but the proof is, that he said there was such a report in the neighborhood, and that he expressed, at the time of speaking the words, his difficulty in believing them. This is a material variance from the charge, and altogether insufficient to support it. The verdict was proper, and the direction of the Court clearly right.