N O T GUILTY. The general issue plea in several sorts of actions and in criminal cases.
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, etc.., and says that he is not guilty of the said trespasses above laid to his charge, or 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 coun try." Under this issue the defendant may give in evidence any matter which directly con troverts 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, if the defendant have committed no assault, battery, or imprison ment, etc.; and in trespass to personal prop erty, 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 de fendant 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 ; 7 Term 354; Steph. Pl. 178; 1 Chitty, P1. 491, 492.
In trespass on the case in general 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 tra verse, 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, but, with some exceptions, to prove any matter of defence that tends to show that the plain tiff has no cause of action, though such mat ters be in confession and avoidance of the declaration ; as, for example, a release given, or satisfaction made; Steph.. Pl. 182; 1 Chit ty, P1. 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 bank ruptcy of the plaintiff, may be given in evi dence under the, general issue ; 7 Term 391.
In debt on a judgment suggesting a devas tavit, an executor may plead not guilty ; 1 Term 462.
In criminal cases, when the defendant wishes to put himself on his trial, he pleads not guilty. This plea makes it incumbent 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 defend ant may give in evidence under this plea not only everything which negatives the allega tions in the indictment, but also all matter of excuse and justification.
See NON CULPABILIS ; NIENT CULPABLE.