For example, the plea of not guilty is proper in trespass to persons, if the defendant have committed no assault, battery, or imprisonment and in trespass to personal property, if the plaintiff had no property in the goods, or the defendant were not guilty of taking them and in trespass to real property, this plea not only puts in issue the fact of trespass, &c, 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, prima 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. 213 and no person is bound to justify who is not, prima facie, a trespasser. 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. And of this the said C D puts himself upon the country. In trespass, its form is as follows: And the said C D, by E F, his attorney, comes and defends the, force and injury, when, and says, that he is not guilty of the said trespasses above laid to his charge, or any part thereof, in the mannor and form as the said A B hath above complained. The general issue in several sorts of actions. The form of the verdict in criminal cases, where the jury acquit the prisoner. A plea of the general issue in the actions of trespass and case and in criminal prosecutions.
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