BROWN, J. -- Plaintiff in error was indicted for defamation of character under Section 7193 Comp. Gen. Laws. The indictment charged that the defamatory statement was made in the presence and hearing of William H. Mills. There was a variance between the pleading and the proof. The testimony of Mills, who was a sheriff of the county, failed to show that all of the defamatory statement, as set out in the indictment, was made he was present.
