case smith against HODGESKINS easter term car roll to a action for say I  charge you with felony it be no justification that the plaintiff assault the  defendant and that he use these word to induce the constable to take he into  custody for the assault ante S C Jones roll ab term Rep ante action for word  for that the defendant wickedly et falsely sin felon ei to place upon and  cause he to be arrest for felony the defendant plead that the plaintiff  assault he upon the highway near Highgate and beat he whereupon he complain to  the constable of this matter and desire the constable to attach he and he  refuse unless the defendant will say that he charge he with felony which speak  occasion as aforesaid be the speak the plaintiff upon this plea demurrer  Grimston now move that this be no colour of plea for the defendant do not show  any cause to charge he with felony therefore it be no excuse or cause of  justification of these word croak car all the court be of this opinion and  give rule for judgement for the plaintiff unless c afterward at the day give  the defendant by ware move that the action lie not for these word for it be  that sin felon ei to place upon which be not in itself cause of action and for  that he cite the case of king v Mellor a where a action on the case be bring  because sin felon ei to place upon and say to the constable present I charge  you to arrest he for felony and after verdict for the plaintiff it be move in  arrest of judgement that these word be not actionable and adjudge by the court  for the defendant and show a copy of the record Jones justice say he be judge  at that time in this court and do not remember any such case but if it be  adjudge it be because the word be not lie to be speak of the plaintiff and as  this case be he conceive clear that the action lie for it be a malicious  scandal when he charge he with felony and in his own show do not say what  felony be commit Berkley justice and myself Richardson chief justice be absent  be of this opinion whereupon rule be give that judgement shall be enter for  the defendant unless c