
    Birch v. Simms.
    In slander, evidence of words spoken in tlie second person will not support an averment of words spoken in tlie third person.
    Slander. The declaration was “ he stole.” The evidence was “ you stole.”
   The Court,

upon the authority of Rutherford v. Moore, in Washington county, at December term, 1806, [ante, 388,] and the case of Willis v. M’Kenzie, in this county, July, 1808, (not reported) refused to suffer the evidence to go to the jury. Nonsuit.  