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PROCESS.—JURY TRIAL.—(ISSUES.)—JUSTIFICATION.—Continuation of case reported ante, J. S. vol. xi. p. 34.—At the trial, Lord Justice-Clerk allowed the party on whom the assault was committed to be examined as a witness for the defender, although there was no issue taken by him in justification of the libel.
The defender answered —The only case in which an issue in justification is necessary, is, where the plea is veritas convicii.
Act. Rutherfurd, P. Robertson. Alt. Dean of Fac. (Hope,) Maitland. Wother-spoon & Mack, W.S. and T. Ranken, S.S.C. Agents. Mr Russell, Clerk.
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Common Room
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